Welcome to the April 28 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.
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Grants
SCOTUS has accepted one new case to its merits docket since our April 21 edition. SCOTUS has not yet announced during which term they will hear oral arguments for this case. To date, excluding the most recently accepted case, the court has agreed to hear 65 cases for the 2024-2025 term and eight 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 cases this week. Click here to read more about SCOTUS’ current term.
Click the links below to learn more about these cases:
April 28
- A.J.T. v. Osseo Area Schools, Independent School District No. 279 concerns the Americans With Disabilities Act (ADA) and Rehabilitation Act of 1973.
- The questions presented: “Whether the ADA and Rehabilitation Act require children with disabilities to satisfy a uniquely stringent ‘bad faith or gross misjudgment’ standard when seeking relief for discrimination relating to their education.”
- Soto v. United States concerns 10 U.S.C. §1413a and the Barring Act.
- The questions presented: “Given the federal circuit’s holding that a claim for compensation under 10 U.S.C. §1413a is a claim ‘involving… retired pay’ under 31 U.S.C. §3702(a)(1)(A), does 10 U.S.C. §1413a provide a settlement mechanism that displaces the default procedures and limitations set forth in the Barring Act?”
April 29
- Martin v. United States (2025) concerns the Constitution’s Supremacy Clause and the Federal Tort Claims Act (FTCA).
- The questions presented: “1. Whether the Constitution’s Supremacy Clause bars claims under the FTCA-a federal statute enacted by Congress-when the negligent or wrongful acts of federal employees ‘have some nexus with furthering federal policy and can reasonably be characterized as complying with the full range of federal law.’ Pet. App. 17a (quotation omitted).
“2. Whether the FTCA’s discretionary-function exception bars claims for torts arising from wrong-house raids and similar negligent or wrongful acts by federal employees”
- Laboratory Corporation of America Holdings v. Davis concerns class action suits pursuant to Federal Rule of Civil Procedure 23(b)(3).
- The questions presented: “Whether a federal court may certify a class action when some of its members lack any Article III injury.”
April 30
- Oklahoma Statewide Charter School Board v. Drummond concerns whether a private school’s actions are considered state actions because it has a contract with the state to offer free education to students. The Court also will consider whether excluding private religious schools from Oklahoma’s charter-school program violates the First Amendment.
- The questions presented: “1. Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students.
“2. Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state’s charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires.”
Click here for more information on the case.
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 one case since our April 21 edition. The court has issued rulings in 27 cases so far this term. At this point in the 2023-2024 term, SCOTUS had issued rulings in 18 cases.
Click the links below to read more about the specific cases SCOTUS ruled on since April 21:
April 22
Velazquez v. Bondi (formerly Velazquez v. Garland) was argued before the court on Nov. 12, 2024.
The case: concerns 8 U.S.C. § 1229c(d)(1)’s voluntary-departure period.
The outcome: In a 5-4 opinion, the court reversed and vacated the judgment of the U.S. Court of Appeals for the Tenth Circuit, holding that if §1229c(b)(2)’s deadline falls on a weekend or legal holiday, it is extended to the next business day. Justice Neil Gorsuch delivered the opinion of the court.
- To vacate means to void or cancel a court’s verdict.
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 46 vacancies, 45 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 15 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 May 5 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.