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The United States Supreme Court added five cases on file Thursday following his “long conference” on September 27th.
Federal Election Commission c. Ted Cruz for the Senate is a lawsuit filed by the Republican senator from Texas challenging a federal law that restricts when and how an electoral candidate can repay personal loans to his own campaigns. Cruz argues that the restrictions violate the First Amendment, while the FEC retorts that the law is necessary to protect against the apparent and actual corruption in return.
Cassirer Collection Foundation c. Thyssen-Bornemisza is a procedural matter concerning the Foreign Sovereign Immunities Act. The question is whether a federal court hearing a state law claim under the Act must apply the choice of law rules of the forum state or whether it can apply federal common law. The applicant in the case, David Cassirer, has taken the case to the high court because he is seeking to recover a painting by Camille Pissarro, which is now in a Spanish museum. Cassirer claims the painting was stolen from those close to him by the Nazis.
Boechler, PC v. Commissioner of taxes is another procedural matter, this one asking whether the 30-day time limit to file a petition for review with the Tax Court following a notice of determination from the IRS is a jurisdictional requirement or a rule for handling complaints subject to a fair toll. In the first case, the Tax Court would not have the power to review late-filed applications, but in the second case, the time limit could be extended depending on the circumstances.
Concepcion v. United States involves the First Step Act of 2018, which grants federal district courts the power to punish offenders found guilty of distributing crack in light of the Fair Sentencing Act of 2010. This law aimed to correct disparities in sentencing between people convicted of distributing crack and those convicted of distributing powdered cocaine. The question for the Court to decide is whether the district court, in deciding to impose a lighter sentence, should or can consider intermediate legal and factual developments.
Finally, in Shurtleff v. City of Boston, the Court will examine a question of religion in public places. A Christian group has filed a complaint against the city when the city refused to allow the group to raise a flag, which includes the image of a Latin cross, on a flag pole at the town hall, while the city regularly allows to many other groups to use the masts. The group claims the city’s denial violates their First Amendment rights.
The Court’s 2021-2022 term begins on October 4.
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