Hamm v. Smith

A case in which the Court will decide whether Section 47(b) of the Investment Company Act (ICA), 15 U.S.C. § 80a-46 (b), creates an implied private right of action.

A case in which the Court will decide whether and how courts may consider the cumulative effect of multiple IQ scores in assessing an Atkins claim.

A case in which the Court will decide whether limits on coordinated party expenditures in 52 U.S.C. § 30116 violate the First Amendment, either on their face or as applied to party spending in connection with “party coordinated communications.”

A case in which the Court will decide whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey’s Executor v. United States, 295 U.S. 602 (1935), should be overruled.

A case in which the Court will decide whether a federal court of appeals must defer to the Board of Immigration Appeals’ judgment that a given set of undisputed facts does not demonstrate mistreatment severe enough to constitute “persecution” under 8 U.S.C. § 1101(a)(42).

A case in which the Court will decide whether an internet service provider can be held liable for copyright infringement simply for knowing about ongoing infringement by users and not terminating their accounts, and whether such knowledge alone is enough to find willful infringement under the Copyright Act.

A case in which the Court will decide whether a combination of “extraordinary and compelling reasons” that may warrant a discretionary sentence reduction under 18 U.S.C. §3582(c)(1)(A) can include reasons that may also be alleged as grounds for vacatur of a sentence under 28 U.S.C. §2255.

A case in which the Court will decide whether district courts may consider sentencing disparities created by the First Step Act’s nonretroactive reduction of mandatory minimum penalties—which can result in defendants serving sentences decades longer than those imposed for identical conduct today—when determining whether "extraordinary and compelling reasons" warrant a sentence reduction under the compassionate release statute, 18 U.S.C. § 3582(c)(1)(A)(i).

A case in which the Court will decide whether district courts may consider sentencing disparities created by the First Step Act’s nonretroactive reduction of mandatory minimum penalties—which can result in defendants serving sentences decades longer than those imposed for identical conduct today—when determining whether "extraordinary and compelling reasons" warrant a sentence reduction under the compassionate release statute, 18 U.S.C. § 3582(c)(1)(A)(i).

A case in which the Court will decide whether an order denying a government contractor’s claim of derivative sovereign immunity under Yearsley v. W.A. Ross Construction Co. is immediately appealable under the collateral-order doctrine, which permits interlocutory appeals of certain non-final orders that conclusively determine important issues separate from the merits.