Affordable Care Act, Immigration, and More on the Supreme Court’s November Docket

What’s the story?

• The Supreme Court convenes for its November argument session on Monday, November 2nd, which will be headlined by a case on the constitutionality of the Affordable Care Act a week after Election Day. 
• In addition to the cases on the agenda already, the Court may hear emergency petitions as other cases are appealed, including those related to challenges of election policies.
• It’s expected that the Court will be back at its full complement of nine justices following the confirmation of Amy Coney Barrett to fill the vacancy created by the death of Justice Ruth Bader Ginsburg.

What’s on the docket?

Monday, November 2nd

• U.S. Fish and Wildlife Service v. Sierra Club, Inc. has to do with whether draft documents created by the USFWS during a regulatory consultation process are privileged by “deliberative process” protections.
• Salinas v. U.S. Railroad Retirement Board concerns federal laws about railroad workers’ benefits, and whether the Railroad Retirement Board declining a request to reopen a benefits determination is considered a “final decision” eligible for judicial review.

Tuesday, November 3rd

• Jones v. Mississippi addresses whether the ban on cruel and unusual punishment under the Eighth Amendment requires a sentencing body to determine that a juvenile is permanently incorrigible before a sentence of life without parole can be imposed.
• Borden v. U.S. considers whether a crime which can be committed through recklessness is a “violent felony” under the Armed Career Criminal Act.

Wednesday, November 4th

• Fulton v. City of Philadelphia concerns whether the city violated the First Amendment by making the ability of a faith-based foster care agency in the city’s foster care system contingent on actions and statements violating the agency’s religious beliefs; in addition to whether the Court should reconsider a 1990 decision holding that the government can enforce laws burdening religious beliefs or practices so long as such laws are “neutral” or “generally applicable.”

Monday, November 9th

• Niz Chavez v. Barr deals with immigration removal proceedings, specifically whether all necessary information about a removal proceeding must be provided in one document or can be provided in multiple documents to trigger the “stop-time” rule, under which non-citizens are stopped from accruing time in the U.S. which could make them eligible for relief from deportation. 
• Brownback v. King addresses whether a final judgment in favor of the U.S. in a lawsuit under the Federal Tort Claims Act precludes a claim against a federal employee.

Tuesday, November 10th

• California v. Texas (consolidated with Texas v. California) deals with whether the Affordable Care Act’s mandate that Americans obtain health insurance coverage was rendered unconstitutional by the enacted of the Tax Cuts and Jobs Act, which zeroed out the individual mandate penalty; and if it is unconstitutional, whether the rest of the ACA can stay in effect because the provision is severable from the rest of the law. 

Late Additions & Next Session

• The Supreme Court may add cases to its docket if decisions made by district and circuit courts are appealed.
• After the November session concludes, the Supreme Court’s December argument session will begin on Monday, November 30th.

— Eric Revell

(Photo Credit: iStock.com / tomwachs)