Here and after the jump. Please note:
• The first party listed (petitioner) is the loser in the court below, not necessarily the plaintiff in the original suit.
• I did not assign who will argue which side or who will serve as chief. At some point during the semester, confer with your opponent and your co-justice and decide. I will gather that information sometime in November.
• You may use any case for a reaction paper other than the one you are assigned to argue or judge. If you choose to write about one of these cases, frame your paper as if you are writing an opinion as SCOTUS, with most of the space devoted to the legal analysis.
In the Supreme Court of the United States
Order of August 28, 2025
Writ of Certiorari is granted in the following cases
Galette v. New Jersey Transit Corp., No. 25-1227 (consolidated)
On certiorari to the Supreme Court of Pennsylvania
New Jersey Transit Corp. v. Colt, No. 25-1028 (consolidated)
On certiorari to the New York Court of Appeals
Cases Below: 332 A.3d 776 (Pa. 2025); ___ N.E. 2d ___, 2024 WL 4874365 (N.Y. 2024)
Question Presented: Whether the New Jersey Transit Corporation is an arm of the State of New Jersey for interstate sovereign immunity purposes.
Court: Lucian Pita; Giovanna Filippi Del Nero
Counsel of Record: Jorge Herrera, Jr.; Carlos Caiaffa
Note: Petitioner in Galette represents respondent in Colt and vice versa.
First Choice Women’s Resource Center v. Platkin, No. 24-0520
On certiorari to the United States Court of Appeals for the Third Circuit
Case Below: 2024 WL 5088105 (3d Cir. 2024)
Question Presented: Whether, when the subject of a state investigatory demand has established a reasonably objective chill of its First Amendment rights, a federal court in a first-filed action is deprived of jurisdiction because those rights must be adjudicated in state court.
Court: David Laienz; Hannah Rosa
Counsel of Record: Joseph Lyons; Kendra Medina
Paxton v. Media Matters for America, No. 24-0526
On certiorari to the United States Court of Appeals for the District of Columbia Circuit
Case Below: 138 F.4th 563 (D.C. Cir. 2025)
Question Presented: Whether plaintiff lacks a justiciable case or controversy in challenging a civil subpoena that is not self-executing and that has caused plaintiffs to incur only self-inflicted injuries.
Court: Stephany Tejera; Carlos Caiaffa
Counsel of Record: Madeline Trost; Casey Menten
Enbridge Energy LP v. Nessel, No. 25-0911
On certiorari to the United States Court of Appeals for the Sixth Circuit
Case Below: 104 F.4th 958 (6th Cir. 2024)
Questions Presented:
(1) Whether defendants timely removed civil action under 28 U.S.C. § 1446(b)(1) by filing notice of removal within 30 days after receipt of district court order denying remand in separate-but-overlapping case.
(2) Whether district courts have authority to excuse the 30-day procedural time limit for removal under 28 U.S.C. § 1446(b)(1).
Court: Dax Sotero; Samuel Bermudez
Counsel of Record: Sami Sumer; Shane Sullivan
State of West Virginia ex rel. Mark Hunt v. Caremark PCS Health, LLC, No. 25-0423
On certiorari to the United States Court of Appeals for the Fourth Circuit
Case Below: 140 F.4th 188 (4th Cir. 2025)
Question Presented: Whether pharmacy benefits manager with federal, state, and private clients can invoke federal-officer removal of state-court action alleging scheme to increase drug prices to state and private clients in one state.
Court: Julian Munoz; Tyler Humphreys
Counsel of Record: Daniel Caiaffa; Hannah Rosa
Opto Electronics Co., Ltd. v. Honeywell International, Inc., No. 25-0331
On certiorari to the United States Court of Appeals for the Fourth Circuit
Case Below: 135 F.4th 170 (4th Cir. 2025)
Question Presented: Whether counterclaim seeking declaration of patent and contract unenforceability within an overall action for breach of contract constitutes a “compulsory counterclaim arising under, any Act of Congress relating to patents” requiring review in the Federal Circuit rather than in regional court of appeals.
Court: Casey Menten; Madison Conboy
Counsel of Record: Abigail Foster; Elizabeth Anderson
Silverthorne Seismic LLC v. Sterling Seismic Servs., Ltd., No. 25-0619
On certiorari to the United States Court of Appeals for the Fifth Circuit
Case Below: 125 F.4th 593 (5th Cir. 2025)
Question Presented: Whether district court order announcing standard for calculating “reasonable royalty” was properly certified for interlocutory appeal under § 1292(b).
Court: Madeline Trost; Sami Sumer
Counsel of Record: Julian Munoz; Lucian Pita
Fire-Dex, LLC v. Admiral Ins. Co., No. 25-0515
On certiorari to the United States Court of Appeals for the Sixth Circuit
Case Below: 139 F.4th 519 (6th Cir. 2025)
Questions Presented:
(1) What is the proper standard for a district court deciding whether to exercise jurisdiction over a “mixed action” containing coercive and non-coercive claims, a question that has produced a four-way circuit split.
(2) Whether district court properly exercised its discretion in declining to assert jurisdiction over declaratory-judgment claims and staying damages claim.
Court: Abigail Foster; Karlee Beneventano
Counsel of Record: Madison Conboy; David Lainez
United States Conference of Catholic Bishops v. O’Connell, No. 25-0303
On certiorari to the United States Court of Appeals for the District of Columbia Circuit
Case Below: 134 F.4th 1243 (D.C. Cir. 2025)
Question Presented: Whether district court order declining to dismiss lawsuit under the First Amendment’s “Church Autonomy” Doctrine is subject to immediate appellate review under the collateral order doctrine of Cohen v. Beneficial Industrial Loan Co.
Court: Alyssa Tome; Elizabeth Anderson
Counsel of Record: Stephany Tejera; Zachary Stangl
Dayton Area Chamber of Commerce v. Kennedy, No. 24-0428
On certiorari to the United States Court of Appeals for the Sixth Circuit
Case Below: ___ F.4th ___, 2025 WL 2237556 (6th Cir. 2025)
Questions Presented:
(1) Whether associational standing under Hunt v. Washington State Comm’n is consistent with the case-or-controversy requirement of Article III.
(2) Whether regional Chamber of Commerce has established associational standing to bring challenge on behalf of two non-local members.
Court: Shane Sullivan; Sara Oren
Counsel of Record: Alyssa Tome; Samuel Bermudez
Brown v. Yost, No. 25-0529
On certiorari to the United States Court of Appeals for the Sixth Circuit
Case Below: 122 F.4th 597 (6th Cir. 2024)
Question Presented: Whether action to compel state attorney general to certify proposed ballot initiative amending state constitution became moot when most recent election ended, where initiative could be certified and appear on the ballot in future elections.
Court: Zachary Stangl; Madison Thigpen
Counsel of Record: Sara Oren; Giovanna Filippi Del Nero
Braid v. Stilley, No. 25-1216
On certiorari to the United States Court of Appeals for the Seventh Circuit
Case Below: 142 F.4th 956 (7th Cir. 2025)
Questions Presented:
(1) Whether court of appeals erred in sua sponte raising Colorado River abstention when neither parties nor district court raised or considered it.
(2) Whether federal court must abstain from interpleader action under Colorado River or Wilton.
Court: Kendra Medina; Jorge Herrera
Counsel of Record: Karlee Beneventano; Dax Sotero
Tovar v. United States., No. 25-0720
On certiorari before judgment to the United States Court of Appeals for the Eleventh Circuit
Case Below: ___ F.4th ___, 2025 WL 2264119 (2025)
Question Presented: Whether the requirement in the federal child-sex-trafficking statute, 18 U.S.C. § 1591(a), that conduct be “in or affecting commerce” constitutes an element of the offense or a limitation on the court’s adjudicative jurisdiction.
Court: Joseph Lyons; Daniel Caiaffa
Counsel of Record: Tyler Humphreys; Madison Thigpen
