The Supreme Court January arguments will feature six cases over two weeks, including a Florida challenge to six-person juries and a Kentucky religious zoning dispute. The court released its January calendar on Monday, setting oral arguments for Jan. 11-13 and Jan. 19-20.
Supreme Court January arguments schedule
On Jan. 11, the justices will hear Montoya Palacios v. Liggins, which asks whether a habeas petition challenging civil immigration detention qualifies as a civil action under the Equal Access to Justice Act, allowing a prevailing detainee to seek attorney’s fees if the government’s position was not substantially justified.
- Apple Inc. v. Epic Games (Jan. 11). The court will consider whether a party can be held in contempt for violating the spirit of an injunction that does not expressly address the conduct at issue, or whether contempt requires violation of an order stated clearly and unambiguously.
- RiseandShine Corp. v. Pepsico, Inc. (Jan. 12). The justices will decide whether a trademark’s inherent strength is a question of law for a judge or a question of fact typically reserved for a jury.
- Kian v. Florida (Jan. 13). The case asks whether the Constitution guarantees a defendant charged with a serious felony the right to a 12-person jury, challenging Florida’s use of six-person juries.
- Marschner v. Marschner (Jan. 19). The court will interpret the Uniformed Services Former Spouses’ Protection Act to determine whether state courts must refuse to enforce a divorce-settlement provision requiring a veteran to compensate an ex-spouse if, after divorce, the veteran begins receiving disability payments that reduce retirement pay.
- Missionaries of Saint John the Baptist v. Frederic (Jan. 20). The justices will consider whether a land-use rule that bars a religious institution from building a religious structure on its own property imposes a substantial burden on religious exercise under the Religious Land Use and Institutionalized Persons Act.
Key disputes on six-person juries and religious zoning
Two matters bookend the session’s most closely watched issues. In Kian v. Florida, a Florida defendant challenges the state’s practice of empaneling six-person juries in serious felony cases, arguing that the Constitution requires 12 jurors.
One week later, in Missionaries of Saint John the Baptist v. Frederic, a Catholic church in northern Kentucky contests a land-use restriction that prevents construction of a shrine to the Virgin Mary on church property. Neighbors living across the street oppose the project.
The case tests what constitutes a substantial burden under the federal statute protecting religious land use. Across the session, the court will hear six arguments over five days.
For more coverage of the court’s docket, see Guerrero v. Johnson tests when a habeas rule was unavailable, which examines another habeas-related case.