Berk v. Choy

A case in which the Court will decide whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.

A case in which the Court will decide whether a claim that Postal Service employees intentionally refused to deliver mail to a designated address arises out of “the loss” or “miscarriage” of postal matter under the Federal Tort Claims Act’s postal-matter exception.

A case in which the Court will decide whether federal candidates have Article III standing to challenge state election laws that extend the deadline for receiving and counting mail-in ballots beyond Election Day when they allege vote dilution and increased campaign costs from monitoring extended ballot counting.

A case in which the Court will decide whether the Double Jeopardy Clause of the Fifth Amendment permits two sentences for an act that violates 18 U.S.C. § 924(c) and (j).

A case in which the Court will decide whether a Colorado law banning “conversion therapy”—i.e., attempts to “convert” someone’s sexual orientation or gender identity—violates the Free Speech Clause of the First Amendment.

A case in which the Court will decide whether a trial court violates a defendant’s Sixth Amendment right to counsel by banning discussion of the defendant’s ongoing testimony with counsel during an overnight recess.

A case in which the Court will decide whether a Delaware law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit must be applied in federal court.

A case in which the Court held that federal district courts likely lack equitable authority under the Judiciary Act of 1789 to issue universal injunctions that prohibit enforcement of executive actions beyond the parties before the court.

A case in which the Court was asked to decide (1) whether a privately owned and operated school’s educational decisions are considered state action simply because the school has a contract with the state to provide free education to students, and (2) whether the First Amendment’s Free Exercise Clause prohibits, or the Establishment Clause requires, a state to exclude religious schools from its charter-school program.

A case in which the Court will held that (1) the Supremacy Clause does not afford the United States a defense in a suit against it under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., and (2) the law enforcement proviso in §2680(h) of the FTCA overrides only the intentional-tort exception in that subsection, not the discretionary-function exception or other exceptions throughout § 2680.