A Seat at the Sitting - February 2024

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Corner Post v. Board of Governors of the Federal Reserve System (February 20) - Does the six-year statute of limitations to challenge an action by a federal agency begin to run when the agency issues the rule or when the plaintiff is actually injured? Bissonnette v. LePage Bakeries Park Street, LLC (February 20) - Labor & Employment; Whether the Federal Arbitration Act’s exemption for the employment contracts of “workers engaged in interstate commerce” applies to any worker who is “actively engaged” in the interstate transportation of goods, or whether the worker’s employer must also be in the “transportation industry.” Warner Chappell Music v. Nealy (February 21) - Intellectual Property; Whether copyright plaintiffs can recover damages for acts that allegedly occurred more than three years before they filed their lawsuit. Ohio v. Environmental Protection Agency (February 21) - Environmental Law; (1) Whether the court should stay the Environmental Protection Agency’s federal emission reductions rule, the Good Neighbor Plan; and (2) whether the emissions controls imposed by the rule are reasonable regardless of the number of states subject to the rule. Moody v. NetChoice, LLC (February 26) - First Amendment; (1) Whether the laws’ content-moderation restrictions comply with the First Amendment; and (2) whether the laws’ individualized-explanation requirements comply with the First Amendment. NetChoice, LLC v. Paxton (February 26) - First Amendment; Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech — or otherwise burdening those editorial choices through onerous operational and disclosure requirements. McIntosh v. United States (February 27) - Criminal Law & Procedure; Whether a district court can enter a criminal forfeiture order when the time limit specified in the Federal Rules of Criminal Procedure has already passed. Cantero v. Bank of America, N.A. (February 27) - Whether the National Bank Act preempts the application of state escrow-interest laws to national banks. Garland v. Cargill (February 28) - Second Amendment; Whether a “bump stock” – an attachment that transforms a semiautomatic rifle into a fully automatic, assault-style weapon – is a “machinegun,” which is generally prohibited under federal law. Coinbase v. Suski (February 28) - When an arbitration agreement tasks the arbitrator with deciding whether a dispute should be arbitrated, should courts or the arbitrator decide whether the agreement is narrowed by a later contract that does not address arbitration? Featuring: Prof. John F. Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law Scott Dixler, Partner, Horvitz & Levy LLP Stephen Halbrook, Senior Fellow, Independent Institute Allison R. Hayward, Independent Analyst John Masslon, Senior Litigation Counsel, Washington Legal Foundation Moderator: Alexandra Gaiser, General Counsel, Strive