After the decisions announced on June 1 (which included a distressing 8-1 blow against the right to withhold one’s labor) we still have a large number of cases argued earlier this term that have not yet been resolved.
Decisions are announced on Thursdays beginning at 10:00am from the bench and released almost simultaneously on supremecourt.gov (which apparently means the end of “the running of the interns”!). June 22 is the last “non-argument day” on the Court’s calendar, although there is also an “order list issuance” day set for the following Monday and the Court often alters its calendar in the closing weeks. It would be extremely unusual for there to be any decision from this term after the end of June. After that, the Court will be in recess until First Monday in October (and this blog will be in recess until about a month before).
Below are a few highlights of what remain — not all of them, but the ones I am most watching. There is no way to know which decisions will be announced each day. The most significant cases often are held until the last day, with the others being released as they are ready, which typically corresponds to when the case was argued (and that’s the order below).
- Allen v. Milligan (agued Oct. 4): Whether the state of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated Section 2 of the Voting Rights Act.
- The affirmative action cases (argued Oct. 31), Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard
- Mallory v. Norfolk Southern Railway Co (argued Nov. 8): a bit of a sleeper case that deserves more attention: Whether the due process clause of the 14th Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction to do business in the state.
- Haaland v. Brackeen (argued Nov. 9), involving the Indian Child Welfare Act.
- US v. Texas (argued Nov. 29), challenging immigration law enforcement priorities.
- 303 Creative LLC v. Elenis (argued Dec. 5) — the latest chapter in challenges to anti-discrimination laws involving LGBTQ rights.
- Moore v. Harper (argued Dec. 7), involving the “independent state legislature theory” that would undermine state court authority to address election law issues. This case is in a strange procedural posture because of state court actions since argument.
- Biden v. Nebraska (argued Feb. 28), the student loan forgiveness case.
- The Jack Daniel’s / Bad Spaniels trademark case (argued Mar. 22).
- Groff v. DeJoy (argued Apr. 18), involving the scope of an employer’s Title VII obligation to accommodate religious observances.
- Counterman v. Colorado, concerning what constitutes a “true threat” (rather than speech protected by the First Amendment) in the context of social media.