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Robe & Gavel: SCOTUS begins March 2026 sitting


Welcome to the March 23 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

“Democracy requires both discipline and hard work. It is not easy for individuals to govern themselves. . . . It is one thing to gain freedom, but no one can give you the right to self-government. This you must earn for yourself by long discipline.”

-Eleanor Roosevelt

The longest-serving first lady of the United States 

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Grants

SCOTUS has accepted one new case to its merits docket since our March 9 issue. To date, the Court has agreed to hear 59 cases for argument for the 2025-2026 term and four cases for the 2026-2027 term

Click the link below to learn more about this case:

Arguments

The Supreme Court will hear four arguments this week. Click here to read more about SCOTUS' current term.

Click the links below to learn more about these cases:

March 23

  • Watson v. Republican National Committee concerns whether federal election statutes preempt state laws that allow ballots cast by Election Day to be received and counted after that day. The Court’s decision will determine how to interpret the meaning of a single national election day for federal offices and clarify the extent to which states retain authority to administer ballot-receipt deadlines. Click here to read our Daily Brew article on this case.
    • The questions presented: “...whether the federal election-day statutes preempt a state law that allows ballots that are cast by federal election day to be received by election officials after that day.”

March 24

  • Keathley v. Buddy Ayers Construction, Inc. concerns the doctrine of judicial estoppel.
    • The questions presented: "Whether the doctrine of judicial estoppel can be invoked to bar a plaintiff who fails to disclose a civil claim in bankruptcy filings from pursuing that claim simply because there is a potential motive for nondisclosure, regardless of whether there is evidence that the plaintiff in fact acted in bad faith."
  • Noem v. Al Otro Lado concerns the Immigration and Nationality Act, 8 U.S.C. 1101 et seq.
    • The questions presented: "The Immigration and Nationality Act, 8 U.S.C. 1101 et seq. , provides that an alien who ‘arrives in the United States’ may apply for asylum and must be inspected by an immigration officer. 8 U.S.C. 1158(b)(1)(A), 1225(a)(1) and (3). The question presented is whether an alien who is stopped on the Mexican side of the U.S.-Mexico border ‘arrives in the United States’ within the meaning of those provisions."

March 25

  • Flower Foods, Inc. v. Brock concerns exceptions for transportation workers under the Federal Arbitration Act.
    • The questions presented: "Are workers who deliver locally goods that travel in interstate commerce-but who do not transport the goods across borders nor interact with vehicles that cross borders-'transportation workers' 'engaged in foreign or interstate commerce' for purposes of the Federal Arbitration Act's § 1 exemption?"

In its October 2024 term, SCOTUS heard arguments in 65 cases. Click here to read more about SCOTUS's previous term.

Opinions

SCOTUS has ruled on two cases since our March 9 edition. The court has issued rulings in 21 cases so far this term. This includes six per curiam opinions. At this point in the 2024-2025 term, SCOTUS had issued rulings in 19 cases.

Click the links below to read more about the specific cases SCOTUS ruled on since March 9:

March 20

Olivier v. City of Brandon, Mississippi, was argued before the court on Dec. 3.

March 23

Zorn v. Linton was decided without argument.

Federal court action

Nominations

President Donald Trump (R) has not announced any new Article III nominees since our March 9 edition.

Committee action

The Senate Judiciary Committee has not reported any new nominees out of committee since our March 9 edition.

Confirmations

The Senate has confirmed one nominee since our March 9 issue.

Vacancies

The federal judiciary currently has 36 vacancies, 35 of which are for lifetime Article III judgeships. As of publication, there were 11 pending nominations.

According to the Administrative Office of U.S. Courts, there were 10 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 30 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.