Welcome to the March 24 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.
“If your actions create a legacy that inspires others to dream more, learn more, do more, and become more, then you are an excellent leader.”
-Dolly Parton
We’re back, dear reader. SCOTUS has just started its March sitting, and we’ve got a ton to catch you up on. So grab a seat, and let’s gavel in!
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Grants
SCOTUS has accepted no new cases to its merits docket since our March 10 edition. To date, the court has agreed to hear 64 cases for the 2024-2025 term and four cases for its 2025-2026 term. By this time during the 2023-2024 term, SCOTUS had agreed to hear 62 cases.
Arguments
The Supreme Court will hear five arguments this week. Click here to read more about SCOTUS’ current term.
March 24
- Louisiana v. Callais concerns allegations of racial gerrymandering in Louisiana’s congressional district maps and Thornburg v. Gingles (1986).
- The questions presented:
- “Did the majority err in finding that race predominated in the Legislature’s enactment of S.B. 8?
- “Did the majority err in finding that S.B. 8 fails strict scrutiny?
- “Did the majority err in subjecting S.B. 8 to the Gingles preconditions?
- “Is this action non-justiciable?”
- Riley v. Garland concerns immigration law 8 U.S.C. § 1252 and individuals seeking asylum in the United States who challenge a deportation order to a country they allege will torture or persecute them.
- The questions presented:
- “Whether the 30-day deadline in 8 U.S.C. 1252(b)(1) for filing a petition for review of an order of removal is jurisdictional.
- “Whether a noncitizen satisfies the deadline in Section 1252(b)(1) by filing a petition for review challenging an agency order denying withholding of removal or protection under the Convention Against Torture within 30 days of the issuance of that order.”
March 25
- Environmental Protection Agency v. Calumet Shreveport Refining, LLC, concerns oil refineries seeking exemption from the Clean Air Act’s Renewable Fuel Standards program.
- The questions presented: “Whether venue for the refineries’ challenges lies exclusively in the D.C. Circuit because the agency’s denial actions are ‘nationally applicable’ or, alternatively, are ‘based on a determination of nationwide scope or effect.’ 42 U.S.C. 7607(b)(1).”
- Oklahoma v. Environmental Protection Agency concerns the Clean Air Act’s venue provision and states’ Good Neighbor plans.
- The questions presented: “Whether a final action by EPA taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the D.C. Circuit because EPA published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.”
March 26
- Federal Communications Commission v. Consumers’ Research concerns the nondelegation doctrine and the Universal Service Fund Tax that subsidizes universal telecommunication access managed by the Federal Communications Commission (FCC).
- The questions presented:
- “Whether Congress violated the nondelegation doctrine by authorizing the Commission to determine, within the limits set forth in Section 254, the amount that providers must contribute to the Fund.
- “Whether the Commission violated the nondelegation doctrine by using the Administrator’s financial projections in computing universal service contribution rates.
- “Whether the combination of Congress’s conferral of authority on the Commission and the Commission’s delegation of administrative responsibilities to the Administrator violates the nondelegation doctrine.”
Additionally, the Court asked the parties to argue “Whether this case is moot in light of the challengers’ failure to seek preliminary relief before the Fifth Circuit.”
In its October 2023-2024 term, SCOTUS heard arguments in 62 cases. Click here to read more about SCOTUS’ previous term.
Opinions
SCOTUS has ruled on two cases since our March 17 edition. The court has issued rulings in 19 cases so far this term. By this time during the 2023-2024 term, SCOTUS had issued rulings in eleven cases.
March 21
Federal court action
Nominations
Since taking office for his second term, President Donald Trump (R) has not nominated any individuals to federal judgeships on Article III courts.
During his first term in office, President Trump nominated 274 individuals to federal judgeships and confirmed 234 Article III judges. For more information on the president’s judicial nominees, click here.
Confirmations
The Senate has not confirmed any nominees since President Trump took office.
Vacancies
The federal judiciary currently has 45 vacancies, all of which are for lifetime Article III judgeships. As of publication, there were no pending nominations.
According to the Administrative Office of U.S. Courts, there were 12 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active judicial status.
For more information on judicial vacancies during President Trump’s term, click here.
Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.
Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.
Or, keep an eye on our list for updates on federal judicial nominations.
Looking ahead
We’ll be back on March 31 with a new edition of Robe & Gavel. Until then, gaveling out!
Contributions
Myj Saintyl compiled and edited this newsletter, with contributions from Sam Post and Ellie Mikus.