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Argument sitting

February 2018 oral arguments

9 cases across 5 argument daysArguments begin at 10 a.m. Eastern
Five argument days, February 20 to February 28, 2018. Four of them have more than one case.

2 cases
Acquittals and repeat trialsCurrier v. VirginiaWhether a defendant who consents to severance of multiple charges into sequential trials loses his right under the Double Jeopardy Clause to the issue - preclusive effect of an acquittal.Decided 16-1348Statements at probable cause hearingsCity of Hays v. VogtWhether the Fifth Amendment is violated when statements are used at a probable cause hearing, but not at a criminal trial?Decided 16-1495

2 cases
Sentencing errors on appealRosales-Mireles v. United StatesWhether the Fifth Circuit’s standard for finding “plain error” under Federal Rule of Criminal Procedure 52(b) when a defendant is sentenced under an incorrectly calculated Guidelines range—that the error must “shock the conscience”—conflicts with this Court’s decision in Molina-Martinez v. United States, 136 S. Ct. 1338 (2016).Decided 16-9493Limits on wiretap ordersDahda v. United StatesWhether Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. 2510-2520, requires suppression of evidence obtained pursuant to a wiretap order that is facially insufficient because the order exceeds the judge's territorial jurisdiction?Decided 17-43

2 cases
Credit card merchant steeringOhio v. American Express Co.Under the "rule of reason," did the Government's showing that Amex's anti-steering provisions stifled price competition on the merchant side of the credit- card platform suffice to prove anticompetitive effects and thereby shift to Amex the burden of establishing any procompetitive benefits from the provisions?Decided 16-1454Union fees and free speechJanus v. State, County, and Municipal EmployeesShould Abood be overruled and public sector agency fee arrangements declared unconstitutional under the First Amendment?Decided 16-1466

2 cases
Warrants for overseas emailsUnited States v. Microsoft Corp.Whether a United States provider of email services must comply with a probable-cause-based warrant issued under 18 U.S.C. 2703 by making disclosure in the United States of electronic communications within that provider's control, even if the provider has decided to store that material abroad.Decided 17-2Arrests over public criticismLozman v. Riviera BeachDoes the existence of probable cause defeat a First Amendment retaliatory-arrest claim as a matter of law?Decided 17-21

1 case
Political clothing at pollsMinnesota Voters Alliance v. ManskyIs Minnesota Statute Section 211B.ll, which broadly bans all political apparel at the polling place, facially overbroad under the First Amendment?Decided 16-1435