The Supreme Court of the United States (SCOTUS) accepted three cases on March 28 for argument during its October 2022-2023 term. To date, the court has agreed to hear arguments in nine cases next term.
National Pork Producers Council v. Ross concerns the constitutionality of the conditions California’s Proposition 12 imposes on pork producers nationwide in order to sell pork in the state. The questions presented to the court are: “1. Whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant Commerce Clause, or whether the extraterritoriality principle described in this Court’s decisions is now a dead letter. 2. Whether such allegations, concerning a law that is based solely on preferences regarding out-of-state housing of farm animals, state a Pike claim.” The case originated from the U.S. Court of Appeals for the 9th Circuit.
Cruz v. Arizona concerns the proper application of U.S. Supreme Court precedent during state capital cases’ sentencing and appellate review. The court was asked to consider the following question: “Whether the Arizona Supreme Court’s holding that Arizona Rule of Criminal Procedure 32.1(g) precluded post-conviction relief is an adequate and independent state-law ground for the judgment.” The case came to the court from the Arizona Supreme Court.
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith concerns the definition of a transformative work for purposes of the fair use defense under federal copyright law. The question presented in the case asks: “What does it mean for a work of art to be “transformative” as a matter of law under the Copyright Act?” The case originated from the U.S. Court of Appeals for the 2nd Circuit.
The court will begin hearing cases for its 2022-2023 term on Oct. 3, 2022.