SCOTUS Cert Recap: SCOTUS Adds 12 Cases to Docket, Including on Free Speech, Takings, Constitutional Remedies, and Claim Accrual

On Sept. 29, the U.S. Supreme Court agreed to consider the following questions:

Do the content-moderation restrictions and individualized-explanation requirements Florida and Texas impose on social media platforms comply with the Free Speech Clause?

Can a plaintiff bring a damages claim under the Takings Clause even in the absence of a statutory cause of action?

When a legislature requires a property owner to relinquish property as a condition of a land-use permit, is the legislative exaction subject to the same test that applies to similar administrative exactions?

What is the appropriate remedy for the constitutional violation found in Siegel v. Fitzgerald, which held that Congress contravened the constitutional requirement that bankruptcy laws be “uniform” by initially declining to impose certain bankruptcy fees in six of the country’s 94 federal judicial districts?

Does an Administrative Procedure Act claim “first accrue” under 28 U.S.C. §2401(a) when an agency issues a rule or when the rule first causes a plaintiff to be adversely affected or aggrieved?

Under the discovery accrual rule that applies to the Copyright Act’s statute of limitations for civil actions, can a copyright plaintiff recover damages for acts that allegedly occurred more than three years before the plaintiff filed its lawsuit?

Does a company’s failure to disclose trends or uncertainties as required under Item 303 of Regulation S-K support a Section 10(b) claim, even in the absence of an otherwise-misleading statement?

To be exempt from the Federal Arbitration Act, must a class of workers that is actively engaged in interstate transportation also be employed by a company in the transportation industry?

When the federal government removes a person from the No Fly List and represents that the person will not be placed back on the list based on current information, does that moot litigation concerning the person’s placement on the list?

Can a district court enter a criminal forfeiture order outside the time limitations set forth in Federal Rule of Criminal Procedure 32.2?

Does the Confrontation Clause allow a prosecutor to present expert testimony that conveys statements of a non-testifying forensic analyst where the analyst’s statements are not offered for their truth and where the defendant did not subpoena the analyst?