| 25-962 |
Republican National Committee, et al. v. Bette Eakin, et al. |
Third Circuit |
2026-02-13 |
Pending |
|
anderson-burdick constitutional-law election-integrity mail-voting rational-basis voter-fraud |
Whether a non-discriminatory mail-voting rule imposing usual voting burdens is constitutional under rational-basis review |
| 25-518 |
Canna Provisions, Inc., et al., v. Pamela J. Bondi, Attorney General |
First Circuit |
2025-10-28 |
Denied |
Amici (3)Response Waived |
commerce-clause congressional-power economic-activity interstate-commerce marijuana-regulation rational-basis |
Should the Court overrule Raich's holding that Congress can regulate purely local economic activity if there is any 'rational basis' that such activit… |
| 25A423 |
Heather Swanson, et al. v. Michael T. Hilgers, Attorney General of Nebraska, et al. |
Eighth Circuit |
2025-10-14 |
Presumed Complete |
|
equal-protection fourteenth-amendment home-birth medical-regulation midwifery rational-basis |
Whether a state law completely prohibiting certified nurse midwives from attending home births violates the Fourteenth Amendment's rational basis revi… |
| 25A330 |
John F. Carbin v. Massachusetts Board of State Examiners of Plumbers and Gas Fitters, et al. |
First Circuit |
2025-09-23 |
Presumed Complete |
|
due-process fourteenth-amendment fundamental-rights licensing-restrictions property-rights rational-basis |
Whether the Fourteenth Amendment protects a fundamental right to perform one's own home repairs and plumbing work without state licensing restrictions… |
| 23-1122 |
Free Speech Coalition, Inc., et al. v. Ken Paxton, Attorney General of Texas |
Fifth Circuit |
2024-04-16 |
Judgment Issued |
Amici (45)Relisted (2) |
adults-access constitutional-rights content-based-restriction first-amendment free-speech protected-speech rational-basis rational-basis-review strict-scrutiny |
Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults' access to protected speech, instead… |
| 23-7172 |
JB Nicholas v. Judy A. Camuso, Commissioner, Maine Department of Inland Fisheries & Wildlife |
First Circuit |
2024-04-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burford-abstention civil-rights due-process evidence first-amendment government-restrictions judicial-review occupational-liberty rational-basis |
Should the Court require Government-imposed restrictions on the 809-year-old personal right to occupational liberty, long-recognized by this Court as … |
| 23-643 |
We The Patriots USA, Inc., et al. v. Connecticut Office of Early Childhood Development, et al. |
Second Circuit |
2023-12-14 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
civil-rights free-exercise generally-applicable legacy-exemptions neutral-and-generally-applicable neutral-law rational-basis religious-exemption smith-precedent smith-v-employment-division vaccination-mandate |
Whether a mandate that does not exempt religious conduct is neutral and generally applicable if it exempts secular conduct that similarly frustrates t… |
| 22-1208 |
Ursula Newell-Davis, et al. v. Courtney N. Phillips, in Her Official Capacity as Secretary of the Louisiana Department of Health, et al. |
Fifth Circuit |
2023-06-14 |
Denied |
Amici (5)Response Waived |
due-process equal-protection fourteenth-amendment occupation-rights privileges-or-immunities rational-basis regulatory-burden right-to-occupation slaughter-house-cases |
Whether the state may deny equal protection of the laws and exclude people from a trade for the sole purpose of easing its regulatory burden, or wheth… |
| 22-940 |
Sheldon Schwartz v. Massachusetts Board of Registration in Medicine |
Massachusetts |
2023-03-28 |
Denied |
Response Waived |
administrative-law bill-of-rights due-process liberty-right medical-license medical-licensing professional-practice professional-regulation rational-basis state-board |
Is the taking of a physician's medical license a violation of the Bill of Rights to our Nation's scheme of ordered liberty? |
| 22-545 |
Sage Lewis, et al. v. Akron Board of Zoning Appeals |
Ohio |
2022-12-14 |
Denied |
Response Waived |
civil-rights constitutional-claim due-process emergency-shelter liberty-interest property-rights rational-basis rational-basis-test zoning zoning-code |
When a person wants to exercise the deeply and objectively rooted right to use liberty and property for the non-economic purpose of saving lives, does… |
| 21-937 |
Christopher Lee Holloway v. Minnesota |
Eighth Circuit |
2021-12-23 |
Denied |
Response Waived |
based solely on the relative age of the actor violates the constitutional right to equal-protec while permitting it to another affirmative-defense age-discrimination constitutional-rights criminal-procedure due-process equal-protection federal-law legislative-intent rational-basis |
Whether the denial of an affirmative defense to one class of offenders in a criminal case |
| 21-148 |
California Restaurant Association, Inc. v. Superior Court of California, Los Angeles County, et al. |
California |
2021-08-03 |
Denied |
Amici (2) |
constitutional-law due-process government-action jacobson-v-massachusetts property-rights public-health rational-basis takings takings-clause |
Is due process satisfied, consistent with the decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), where a public health department acts based o… |
| 20-1576 |
145 Fisk, LLC v. F. William Nicklas |
Seventh Circuit |
2021-05-13 |
Denied |
Response Waived |
civil-rights due-process equal-protection first-amendment first-amendment-retaliation judicial-review preliminary-agreement rational-basis retaliation standing |
Whether false information is a rational basis for terminating a development agreement |
| 20-1569 |
Dawn Desrosiers, et al. v. Charlie Baker, Governor of Massachusetts |
Massachusetts |
2021-05-12 |
Denied |
Amici (2)Response Waived |
content-neutral covid-restrictions due-process first-amendment peaceable-assembly rational-basis time-place-manner |
Can broad-based restrictions on peaceable assemblies held on private property be upheld as valid time-place-manner regulations based on a State's inte… |
| 20-466 |
Larry Williams v. United States |
Sixth Circuit |
2020-10-09 |
Denied |
Response Waived |
booker-decision departure-or-variance discretionary-guidelines First-Step-Act judicial-discretion rational-basis sentence-reduction sentencing-guidelines sentencing-reduction U.S.-v.-Booker |
Scope-and-limits-of-district-court-discretion-in-denying-unopposed-motion-for-sentence-reduction-under-First-Step-Act |
| 19-608 |
Mark Elster, et al. v. City of Seattle, Washington |
Washington |
2019-11-12 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (3) |
campaign-finance civil-rights compelled-subsidy constitutional-review first-amendment free-speech property-levy rational-basis speech-funding standing |
Whether a levy that forces property owners to fund other individuals' campaign donations implicates the First Amendment's compelled-subsidy doctrine |
| 19-424 |
Joel Howard James v. Michigan |
Michigan |
2019-09-30 |
Denied |
Response Waived |
class-of-one criminal-investigation due-process equal-protection equal-protection-clause fourteenth-amendment nonresident-tolling nonresident-tolling-provision privileges-and-immunities Privileges-and-Immunities-Clause Rational-Basis statute-of-limitations |
Whether the nonresident tolling provision of MCL 767.24(10) violates the Equal Protection Clause and Privileges and Immunities Clause of the Fourteent… |
| 18-9759 |
Juan Rodriguez v. Illinois |
Illinois |
2019-06-21 |
Denied |
Response WaivedIFP |
cognitive-defects due-process fundamental-rights kennedy-v-mendoza-martinez punishment-analysis rational-basis rational-basis-review sex-offender-registration strict-scrutiny substantive-due-process unfit-defendant |
Does Illinois's SORA scheme constitute punishment that impinges the fundamental right of unfit defendants to be free from trial or sentencing, thus fa… |
| 18-9290 |
Albert J. Hamilton v. Jurban, RN, et al. |
Ninth Circuit |
2019-05-15 |
Denied |
IFP |
amendment-interpretation civil-rights constitutional-conflict criminal-law disability due-process equal-protection legal-classification rational-basis sentencing standing state-interest takings |
Does the State of California create a conflict under the U.S. Const. 5th and 14th Amend. by not providing a rational relationship between a legitimate… |
| 18-1145 |
Minerva Dairy, Inc., et al. v. Brad Pfaff, in His Official Capacity as Secretary-designee of the Wisconsin Department of Agriculture, et al. |
Seventh Circuit |
2019-03-05 |
Denied |
Amici (3) |
burdens-on-interstate-commerce circuit-split civil-rights commerce-clause constitutional-law discrimination disparate-impact dormant-commerce-clause due-process economic-liberty interstate-commerce local-benefits pike-v-bruce-church rational-basis rational-basis-test state-regulation substantive-due-process |
Dormant Commerce Clause challenge to Wisconsin butter grading law |
| 18-1119 |
The Richman Group of Florida, Inc. v. Pinellas County, Florida |
Florida |
2019-02-27 |
Denied |
Response Waived |
14th-amendment class-of-one comparative-analysis difference-in-treatment due-process equal-protection florida fourteenth-amendment legislative-decision property-rights rational-basis selective-enforcement similarly-situated |
Unequal treatment of similarly situated persons under Florida's equal protection analysis |
| 18-766 |
Teresa Bierman, et al. v. Tim Walz, Governor of Minnesota, et al. |
Eighth Circuit |
2018-12-17 |
Denied |
Amici (8)Response RequestedResponse WaivedRelisted (2) |
exclusive-representation expressive-association first-amendment government-speech heightened-scrutiny individual-rights mandatory-expressive-association mandatory-representation public-employees rational-basis |
Can the government designate an exclusive representative to speak for individuals for any rational basis, or is this mandatory expressive association … |
| 18-535 |
Residents Against Flooding, et al. v. Reinvestment Zone Number Seventeen, City of Houston, Texas, et al. |
Fifth Circuit |
2018-10-23 |
Denied |
Response Waived |
circuit-split civil-procedure land-use land-use-decisions motion-to-dismiss property-rights rational-basis rule-12b6 standard-of-review substantive-due-process takings |
Whether, and to what extent, a court must give deference to a plaintiff's complaint and view the government's rational basis as a rebuttal presumption… |
| 18-5221 |
Aquilino Guizamano-Cortes v. United States |
Eleventh Circuit |
2018-07-12 |
Denied |
Response WaivedIFP |
criminal-law drug-offense due-process equal-protection maritime-drug-law maritime-drug-law-enforcement-act maritime-law rational-basis safety-valve sentencing sentencing-relief statutory-interpretation territorial-jurisdiction |
Whether the exclusion of the Maritime Drug Law Enforcement Act (46 U.S.C. § 70503) from eligibility for safety valve relief violates equal protection,… |