Supreme Court Oral Arguments

• [24-7] Diamond Alternative Energy, LLC v. EPA

  Diamond Alternative Energy LLC v. Environmental Protection Agency Justia · Docket · oyez.org Petitioner: Diamond Alternative Energy LLC.Respondent: Environmental Protection Agency. Facts of the case (from oyez.org) In 2012, California applied for a waiver from the Environmental Protection Agency (EPA) to implement its Advanced Clean Car Program, which included two key components: a Low Emission Vehicle Program to reduce carbon dioxide emissions by 34% for new cars in Model Years 2017-2025, and a Zero Emission Vehicle Program requiring about 15% of manufacturers’ fleets to be electric cars by 2025. The EPA granted this waiver in 2013, and automobile manufacturers began investing to meet these requirements. However, in 2019, under a different administration, the EPA withdrew the 2013 waiver, arguing that state greenhouse gas regulations were preempted by federal fuel economy standards, that California’s standards weren’t necessary to meet “compelling and extraordinary conditions,” and that California could not show a direct connection between greenhouse gas emissions and its air pollution problems. After this withdrawal, several automakers like Honda, Ford, and BMW voluntarily agreed to continue meeting California’s standards due to their existing investments and growing consumer demand for electric vehicles. In 2022, under yet another administration, the EPA reversed course again and reinstated the 2013 waiver, prompting challenges from various states and fuel industry groups who argued that California should not receive special treatment and that climate change is not a “compelling and extraordinary condition” justifying state-specific standards. California, environmental organizations, and automobile manufacturers intervened to defend the EPA’s decision. The D.C. Circuit dismissed most of the claims for lack of standing, finding that challengers had not shown that their injuries were redressable by a favorable decision. Question May a party establish the redressability component of Article III standing by pointing to the coercive and predictable effects of regulation on third parties?

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• [24-297] Mahmoud v. Taylor

  Mahmoud v. Taylor Wikipedia · Justia · Docket · oyez.org Petitioner: Tamer Mahmoud.Respondent: Thomas W. Taylor. Facts of the case (from oyez.org) In October 2022, Montgomery County Public Schools in Maryland approved LGBTQ-inclusive books for its English Language Arts curriculum. These “Storybooks” featured characters and themes related to sexual orientation and gender identity, including books like “Pride Puppy!” for pre-K students and “Born Ready: The True Story of a Boy Named Penelope” for K-5 students. Initially, the school board allowed parents to receive notice and opt their children out of lessons involving these books, in line with the district’s guidelines for religious accommodations. However, in March 2023, the Board abruptly reversed this policy, eliminating all notice and opt-out options without explanation, though they later cited concerns about high student absenteeism, classroom disruption, administrative burden, and potential stigmatization of individuals represented in the books. Several parents of different religious backgrounds (Muslim, Roman Catholic, and Ukrainian Orthodox) sued the Board, arguing that the denial of notice and opt-out options violated their religious freedom and parental rights. The parents did not seek to ban the books or challenge their adoption into the curriculum; rather, they sought to maintain control over how and when their children would be exposed to content they believed conflicted with their religious duties to train their children according to their faiths on matters of gender, marriage, and sexuality. The district court denied the parents’ motion for a preliminary injunction, finding the parents failed to demonstrate a cognizable burden to their religious freedom, and the parents filed an interlocutory appeal, and the U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s denial. Question Do public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out?

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• [24-416] CIR v. Zuch

  Commissioner of Internal Revenue v. Zuch Justia · Docket · oyez.org Petitioner: Commissioner of Internal Revenue.Respondent: Jennifer Zuch. Facts of the case (from oyez.org) In 2010 and 2011, while still married, Jennifer Zuch and Patrick Gennardo made two estimated tax payments totaling $50,000 for their 2010 taxes, without specifying how to allocate the payments between them. In September 2012, after filing separate tax returns, Gennardo reported owing $385,393 while Zuch reported an overpayment. The IRS applied the entire $50,000 in estimated payments to Gennardo’s liability. When Zuch later filed an amended return reporting additional income and claiming her share of the $50,000, the IRS assessed the additional tax but did not credit her for any portion of the estimated payments, even after Gennardo filed his own amended return indicating the payments should be allocated to Zuch. In August 2013, the IRS notified Zuch of its intent to levy her property to collect approximately $36,000 in unpaid 2010 taxes. During the ensuing Collection Due Process hearing, Zuch challenged her underlying tax liability, arguing she was entitled to credit for the estimated payments. Meanwhile, over several years while Zuch was disputing her 2010 liability, the IRS repeatedly took her tax refunds from other years and applied them to what it calculated as her 2010 liability, eventually reducing the balance to zero by April 2019. The case went through the Tax Court, which initially denied summary judgment and remanded to the IRS Office of Appeals. When the balance was reduced to zero through the IRS’s seizure of Zuch's later tax refunds, the Tax Court dismissed the case as moot. The U.S. Court of Appeals for the Third Circuit reversed, holding that the IRS cannot eliminate Tax Court jurisdiction over a disputed tax liability simply by seizing a taxpayer’s refunds to cover the contested debt. Question Does a proceeding under 26 U.S.C. § 6330 for a pre-deprivation determination about a levy proposed by the Internal Revenue Service to collect unpaid taxes become moot when there is no longer a live dispute over the proposed levy that gave rise to the proceeding?

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• [24-316] Kennedy, Sec. of H&HS v. Braidwood Mgmt., Inc.

  Kennedy v. Braidwood Management, Inc. Wikipedia · Justia · Docket · oyez.org Petitioner: Robert F. Kennedy, Jr., Secretary of Health and Human Services.Respondent: Braidwood Management, Inc. Facts of the case (from oyez.org) In 2010, Congress passed the Affordable Care Act (ACA), which requires private insurers to cover certain preventive-care services without cost sharing. Rather than defining these services directly, the ACA empowers three agencies within the Department of Health and Human Services to determine required services: the United States Preventive Services Task Force (Task Force), the Advisory Committee on Immunization Practices (ACIP), and the Health Resources and Services Administration (HRSA). The Task Force consists of sixteen volunteer experts serving four-year terms, ACIP has fifteen members selected by the HHS Secretary, and HRSA operates through offices and bureaus reporting to the HHS Secretary. Over the years, these agencies issued various preventive care recommendations, including ACIP’s 2007 recommendation for HPV vaccines, HRSA’s 2011 guidelines for contraceptive coverage, and the Task Force’s 2019 recommendation for HIV prevention drugs (PrEP). Four individuals and two Christian-based businesses in Texas challenged these requirements, arguing that mandatory coverage of these services violated their religious beliefs by making them “complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between one man and one woman.” The plaintiffs filed suit in 2020 against the federal government and various department secretaries, primarily arguing that the structure of these agencies violated the Appointments Clause of the Constitution. The district court ruled in their favor regarding the Task Force but rejected their challenges to ACIP and HRSA, and both parties appealed. The U.S. Court of Appeals for the Fifth Circuit held that the Task Force’s structure violated the Appointments Clause and upheld the injunction against enforcing its recommendations, but reversed the district court’s universal remedies and remanded for further consideration of whether HHS properly ratified ACIP and HRSA’s recommendations. Question Does the structure of the U.S. Preventive Services Task Force violate the Constitution’s Appointments Clause, and if so, is the provision that insulates the task force from the Health & Human Services secretary’s supervision severable from the rest of the statute?

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• [24-275] Parrish v. United States

  Parrish v. United States Justia · Docket · oyez.org Petitioner: Donte Parrish.Respondent: United States of America. Facts of the case (from oyez.org) While serving a 15-year federal prison sentence in 2017, Donte Parrish sued the United States for $5 million, claiming prison officials unlawfully held him in administrative segregation for three years. After the district court dismissed his case in March 2020, Parrish did not receive notice of the dismissal until June 2020 due to his transfer to state custody. He promptly filed a notice of appeal, which the appeals court treated as a request to reopen his appeal time. The district court granted this request in January 2021, giving him 14 days to file a new appeal, but Parrish missed this deadline and instead sent a supplemental brief to the appeals court a few days late. The U.S. Court of Appeals for the Fourth Circuit dismissed his appeal for lack of jurisdiction. Question Must a party who files a notice of appeal during the period between when their original appeal deadline expired and when the court reopens their time to appeal file a second notice after the reopening is granted?

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