The US Supreme Court recently made public its orders following its September ‘long conference’. At the conference, the court granted certiorari for 12 cases on Friday and a further two cases on Monday. These cases are set to be argued in the Winter term, either in January or February.
All cases put forward in Friday’s order were granted certiorari, with a few particularly notable ones amongst the pack.
- FBI v. Fikre; a case brought by an Oregon man who accuses the FBI of returning him to the “No-Fly List” even after agreeing to remove him from it. According to the FBI, the case is moot as the aggrieved party will not be returned to the list “based on currently available information”. However, an appeals court found that the case was not moot and that the plaintiff has the right to continue the case under the voluntary cessation doctrine since the FBI neither admitted to wrongfully putting the plaintiff on the list nor made any policy changes.
- Corner Post, Inc. v. Board of Governors of the Federal Reserve System, a case discussing when the legally mandated six-year statute of limitations for challenging a federal agency action commences. The case centres around a North Dakota truck stop wanting to challenge a 2011 Federal Reserve Rule capping credit card processing fees.
- Moody v. Netchoice and Netchoice v. Paxton, two contentious cases surrounding the constitutionality of state laws in Florida and Texas that regulate who social media platforms can ban and what types of social media posts can and cannot be banned .
The Monday order brought a higher number of cases to the table, although only two were granted certiorari. The court also granted a number of procedural orders in other ongoing cases. Notably, the court declined to hear any cases regarding former President Trump’s alleged ineligibility to run for president under the 14th Amendment, undercover recordings by anti-abortion activists, and alleged false claims of election fraud during the 2020 presidential elections.