A case in which the Court will decide (1) whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment’s Takings Clause; and (2) whether the forfeiture of property worth far more than needed to satisfy a debt, plus interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment.
Yegiazaryan v. Smagin
A case in which the Court will decide whether a foreign plaintiff with no alleged connection to the United States can state a cognizable claim under the Racketeer Influenced and Corrupt Organizations (RICO) Act when it suffers an injury to an intangible property.
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
A case in which the Court will decide whether the Bankruptcy Code unequivocally expresses Congress’s intent to abrogate the sovereign immunity of Native American tribes.
Dupree v. Younger
A case in which the Court will decide whether, to preserve the issue for appellate review, a party must reassert in a post-trial motion a purely legal issue rejected at summary judgment.
Counterman v. Colorado
A case in which the Court will decide whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement.