Supreme Court Oral Arguments

Cecillia D. Wang, a civil-rights litigator defending birthright citizenship, and D. John Sauer, a former state solicitor challenging it, square off. They debate original meaning versus long practice, the scope of "subject to the jurisdiction," Wong Kim Ark’s role, domicile versus jus soli, humanitarian and administrative implications, and whether new exceptions to birthright citizenship are constitutionally permissible.

Pitchford v. Cain Justia · Docket · oyez.org Argued on Mar 31, 2026. Petitioner: Terry Pitchford.Respondent: Burl Cain, Commissioner, Mississippi Department of Corrections. Advocates: Joseph J. Perkovich (for the Petitioner) Scott G. Stewart (for the Respondents) Emily M. Ferguson (for the United States, as amicus curiae, supporting the Respondents) Facts of the case (from oyez.org) Terry Pitchford was convicted of capital murder and sentenced to death for his involvement in the 2004 armed robbery and killing of Reuben Britt, a store owner in Grenada County, Mississippi. At the time of the crime, Pitchford was 18 years old. He confessed to participating in the robbery, although the fatal shot was fired by his accomplice. At Pitchford’s 2006 trial in the Grenada County Circuit Court, the jury was selected from a pool that included 36 white and five Black potential jurors. The prosecution used peremptory strikes to remove four of the five Black prospective jurors. Pitchford’s counsel raised a Batson objection, alleging that the strikes were racially discriminatory. The trial court found Pitchford had made a prima facie showing of discrimination and required the prosecution to provide race-neutral reasons for each strike. The prosecutor cited explanations such as the venirepersons’ criminal histories, perceived mental health issues, or similarities to the defendant. The trial judge accepted those explanations and allowed the strikes, ultimately empaneling a jury that included only one Black juror. Pitchford’s counsel sought to preserve Batson-related objections during a bench conference, emphasizing the racial composition of the jury and the county, but did not conduct a further comparative analysis or expressly argue that the prosecution’s stated reasons were pretextual. Pitchford’s conviction and sentence were affirmed on direct appeal by the Mississippi Supreme Court, which held that any pretext arguments had been waived for failure to raise them clearly at trial. A federal district court later granted habeas relief, but the U.S. Court of Appeals for the Fifth Circuit reversed, ruling the Mississippi Supreme Court had reasonably applied Batson and its waiver rule. The U.S. Supreme Court granted certiorari, limited to the question of whether the Mississippi Supreme Court unreasonably determined, under AEDPA, that Pitchford waived his right to rebut the prosecution’s race-neutral justifications for the challenged juror strikes. Question Did the Mississippi Supreme Court unreasonably decide—under the standards set by federal habeas law—that Terry Pitchford gave up his right to argue that the prosecutor’s explanations for striking four Black jurors were false or racially biased?

Andre Balazs Properties (counsel Mr. Geiser), a property defendant defending federal court retention of jurisdiction after a Section 3 stay. Adrian Jules (counsel Mr. Unikowski), an employee challenging federal courts’ power to confirm or vacate arbitration awards without independent jurisdiction. They debate Badgerow and Kokkonen, Section 3 stays vs dismissal, supplemental and original jurisdiction, and practical enforcement and forum-shopping concerns.

Mr. Yang, government appellate counsel defending the conviction and arguing venue was proper in Northern California due to effects and transmission. Mr. Los Eaton, appellate counsel for the petitioner arguing venue lies where the falsifying conduct occurred. They debate whether drafting versus sending a falsified invoice completes the offense, how transmission and effects affect venue, and analogies to attempt, conspiracy, and venue precedents.

Flower Foods, Inc. v. Brock Justia · Docket · oyez.org Argued on Mar 25, 2026. Petitioner: Flower Foods, Inc., et al.Respondent: Angelo Brock. Advocates: Traci L. Lovitt (for the Petitioners) Jennifer D. Bennett (for the Respondent) Facts of the case (from oyez.org) Petitioners—the defendants, collectively known as “Flowers”—produce and sell packaged baked goods throughout the United States. Flowers utilizes a “direct-store-delivery” system, contracting with individuals it classifies as independent distributors who purchase the rights to distribute its products within specific geographic territories. In 2016, Angelo Brock, operating as Brock, Inc., signed a “Distributor Agreement” with Flowers Baking Co. of Denver, LLC (“Flowers Denver”) to distribute products in parts of Colorado. This agreement, along with a “Personal Guaranty” Brock signed, included a mandatory Arbitration Agreement stipulating that disputes must be resolved under the Federal Arbitration Act (FAA). Under this arrangement, Brock, Inc. placed orders for products, most of which were produced by Flowers bakeries located out of state, specifically to fill those orders. Flowers shipped the goods to a warehouse in Denver. Brock picked up the products at the warehouse, loaded them onto his own vehicle, and delivered them to his customers—various retail stores located only within Colorado. Brock himself did not cross state lines while making these deliveries. The business relationship soured, and Brock filed a lawsuit alleging Flowers misclassified its distributors as independent contractors to systematically underpay them, asserting violations of the Fair Labor Standards Act and Colorado labor law. Brock filed his putative class and collective action in the U.S. District Court for the District of Colorado. Flowers moved to compel arbitration based on the parties’ agreement, but the district court denied the motion, concluding that Brock falls within the FAA’s § 1 exemption for transportation workers engaged in interstate commerce. On appeal, the U.S. Court of Appeals for the Tenth Circuit affirmed that decision. Question Are workers who deliver locally goods that travel in interstate commerce—but who do not transport the goods across borders nor interact with vehicles that cross borders—“transportation workers” “engaged in foreign or interstate commerce” for purposes of the exemption in Section 1 of the Federal Arbitration Act?

Noem v. Al Otro Lado Justia · Docket · oyez.org Argued on Mar 24, 2026. Petitioner: Kristi Noem, Secretary of Homeland Security.Respondent: Al Otro Lado, a California Corporation. Advocates: Vivek Suri (for the Petitioners) Kelsi B. Corkran (for the Respondents) Facts of the case (from oyez.org) Beginning in 2016, U.S. Customs and Border Protection (CBP) implemented a “metering” policy at ports of entry along the United States-Mexico border to manage asserted capacity constraints. CBP officers stationed at the physical boundary line turned away asylum seekers lacking valid travel documents, preventing them from stepping onto U.S. soil to undergo mandatory inspection and processing. These officials instructed migrants to return to Mexico and wait for future processing opportunities, often without providing specific appointment times, forcing numerous asylum seekers to endure prolonged delays in Mexican border towns where they faced significant safety risks. While these asylum seekers waited, the federal government promulgated the “Asylum Transit Rule” in 2019, which generally rendered noncitizens ineligible for asylum if they traveled through a third country without first seeking protection there. This regulatory change prejudiced individuals previously turned away under the metering policy because, had CBP processed them upon their initial arrival, the Transit Rule would not have applied to their claims. Al Otro Lado, a legal aid organization, joined thirteen individual asylum seekers to file a class-action lawsuit challenging the metering policy and seeking to prevent the government from applying the Transit Rule to those who attempted to enter before its enactment. The U.S. District Court for the Southern District of California declared the metering policy unlawful under the Administrative Procedure Act and permanently enjoined the government from applying the Asylum Transit Rule to class members . The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s conclusion that the policy unlawfully withheld mandatory agency action, but narrowed the injunction to prevent the district court from forcing the government to unilaterally reopen past asylum denials. Question Does a noncitizen who is stopped on the Mexican side of the U.S.-Mexico border “arrive[] in the United States” within the meaning of Immigration and Nationality Act?

Keathley v. Buddy Ayers Construction, Incorporated Justia · Docket · oyez.org Argued on Mar 24, 2026. Petitioner: Thomas Keathley.Respondent: Buddy Ayers Construction, Incorporated. Advocates: Gregory G. Garre (for the Petitioner) Frederick Liu (for the United States, as amicus curiae, supporting vacatur) William M. Jay (for the Respondent) Facts of the case (from oyez.org) Thomas Keathley filed for Chapter 13 bankruptcy in the U.S. Bankruptcy Court for the Eastern District of Arkansas in December 2019. In August 2021, while his bankruptcy case was ongoing, Keathley was in a motor vehicle collision with David Fowler, a truck driver employed by Buddy Ayers Construction, Inc. (BAC). Keathley hired a personal injury attorney the next day and subsequently filed a personal injury lawsuit against BAC in the U.S. District Court for the Northern District of Mississippi in December 2021, alleging negligence and vicarious liability. Keathley, however, failed to disclose this new personal injury lawsuit as a potential asset to the bankruptcy court. He submitted multiple amended bankruptcy plans in March 2022 and June 2022, none of which mentioned the pending lawsuit. The bankruptcy court confirmed Keathley’s modified plan in July 2022, unaware of the personal injury claim. Keathley only amended his bankruptcy schedule to include the lawsuit after BAC moved to dismiss the personal injury case. BAC moved for summary judgment in the personal injury suit, arguing that the doctrine of judicial estoppel barred Keathley’s claim because he failed to disclose it during his bankruptcy proceeding. The district court granted BAC’s motion, dismissing the lawsuit, and subsequently denied Keathley's motion for reconsideration. Keathley then appealed both of those decisions to the U.S. Court of Appeals for the Fifth Circuit, which affirmed the district court’s decisions. Question May the doctrine of judicial estoppel be invoked to bar a plaintiff who fails to disclose a civil claim in bankruptcy filings from pursuing that claim simply because there is a potential motive for nondisclosure, regardless of whether there is evidence that the plaintiff in fact acted in bad faith?

Watson v. Republican National Committee Justia · Docket · oyez.org Argued on Mar 23, 2026. Petitioner: Michael Watson, Mississippi Secretary of State.Respondent: Republican National Committee, et al. Advocates: Scott G. Stewart (for the Petitioner) Paul D. Clement (for the Respondents) D. John Sauer (for the United States, as amicus curiae, supporting the Respondents) Facts of the case (from oyez.org) Federal statutes designate the Tuesday after the first Monday in November as the uniform day for electing members of Congress and appointing presidential electors. While Mississippi requires voters to cast absentee ballots by this federal deadline, the state legislature amended its election code in 2020 to permit the counting of mail-in ballots received up to five business days after Election Day, provided they are postmarked by that Tuesday. This “postmark rule” allows validly cast votes delayed by mail service to be included in the final tally, a practice currently utilized by approximately thirty states. In 2024, the Republican National Committee, the Mississippi Republican Party, the Libertarian Party of Mississippi, and individual voters filed suit against Mississippi Secretary of State Michael Watson and county election officials. The plaintiffs argued that the federal statutes establishing a singular “election” day preempt Mississippi’s five-day receipt window, contending that an election is not legally concluded until officials actually receive the ballots. They sought to invalidate the state statute and enjoin officials from counting any absentee ballots received after federal Election Day. The district court granted summary judgment in favor of the state officials, ruling that the state law did not conflict with federal statutes. The U.S. Court of Appeals for the Fifth Circuit reversed, holding that federal law preempts the Mississippi statute because ballots must be both cast and received by Election Day. Question Do the federal election-day statutes preempt a state law that allows ballots that are cast by federal election day to be received by election officials after that day?

Montgomery v. Caribe Transport II, LLC Justia · Docket · oyez.org Argued on Mar 4, 2026. Petitioner: Shawn Montgomery.Respondent: Caribe Transport II, LLC. Advocates: Paul D. Clement (for the Petitioner) Theodore J. Boutrous Jr. (for the Respondents) Sopan Joshi (for the United States, as amicus curiae, supporting the Respondents) Facts of the case (from oyez.org) Shawn Montgomery was severely injured when his tractor-trailer, stopped on the shoulder of an Illinois highway, was struck by another truck. The other driver, Yosniel Varela-Mojena, was employed by the motor carrier Caribe Transport II, LLC (“Caribe”). C.H. Robinson Worldwide, Inc. (“Robinson”), a freight broker, had arranged for Caribe to haul the shipment. Robinson and Caribe operated under an agreement stating that Caribe was an independent contractor and retained exclusive control over its personnel and the manner of its performance. Montgomery sued the driver and Caribe, and also sued the broker, Robinson. His claims against Robinson alleged that the broker was vicariously liable for the driver’s negligence, arguing Caribe was Robinson’s agent. Montgomery also claimed Robinson had negligently hired the driver and the carrier. The district court granted judgment to Robinson on all claims. The U.S. Court of Appeals for the Seventh Circuit affirmed, holding that Caribe was an independent contractor, which defeated the vicarious liability claim, and that the Federal Aviation Administration Authorization Act preempted the state-law negligent hiring claim. Question Does 49 U.S.C. § 14501(c) preempt a state common-law claim against a broker for negligently selecting a motor carrier or driver?

Hunter v. United States Justia · Docket · oyez.org Argued on Mar 3, 2026. Petitioner: Munson P. Hunter.Respondent: United States of America. Advocates: Lisa S. Blatt (for the Petitioner) Zoe A. Jacoby (for the Respondent) Facts of the case (from oyez.org) Munson P. Hunter, III pleaded guilty to committing wire fraud affecting a financial institution and to aiding and abetting. A federal district court sentenced him to 51 months in prison followed by three years of supervised release. A specific condition of that supervised release requires Hunter to take any mental health medication prescribed by his physician. Hunter challenged his sentence at the U.S. Court of Appeals for the Fifth Circuit, arguing the medication condition infringed on his due process liberty interests and that the written judgment improperly included the “aiding and abetting” reference. The Fifth Circuit dismissed the appeal regarding the medication condition, finding it was barred by an appeal waiver in Hunter's plea agreement, and affirmed the judgment, noting that the “aiding and abetting” charge was indeed part of the count to which Hunter pleaded guilty. Question 1. Does an appeal waiver bar all claims except for ineffective assistance of counsel or a sentence exceeding the statutory maximum?  2. Does such a waiver become ineffective if the sentencing judge later tells the defendant they can appeal, and the government fails to object?