The U.S. Supreme Court recently added two additional hours of argument to its docket for the 2023-24 term. These arguments pertain to cases involving federal funding of healthcare services for Native Americans and the Armed Career Criminal Act. The decision was revealed in a list of orders released following the justices’ private conference on November 17, 2023.
The Court will be reviewing two cases, Becerra v. San Carlos Apache Tribe and Becerra v. Northern Arapaho Tribe, and has consolidated them for one hour of oral argument. At stake in these cases is the issue of whether Native American tribes managing their own healthcare programs should receive funds from the Indian Health Service to cover costs associated with insurance-backed services.
Additionally, in the case of Erlinger v. United States, a key issue is whether a jury, rather than a judge, should decide whether crimes under the purview of the Armed Career Criminal Act – which imposes an enhanced sentence for unlawful firearm possession if the offender has three different convictions – occurred on separate occasions.
The Court also decided to deny review in E.I. du Pont de Nemours v. Abbott, a case where the chemical company sought a decision on whether a multidistrict litigation can be influenced by the outcomes of “bellwether” trials. These trials serve as test cases to facilitate both parties in better understanding the potential outcomes and shape a possible settlement. Justice Brett Kavanaugh suggested that he would have granted the company’s petition for review but did not join a dissent by Justice Clarence Thomas.
This report was initially published on Howe on the Court. Additional details can be accessed on the SCOTUSblog.