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.
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.
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.
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.