Circuit Split Alerter

Whether a federal court must decide a State’s sovereign-immunity defense before reaching the merits, or may bypass the immunity question and decide the merits first when doing so is easier or when the State affirmatively prefers a merits ruling.

Whether anti-delegation challenges to supervised-release conditions are exempt from otherwise valid appellate-waiver provisions in plea agreements.

Whether monetary ‘make-whole’ or ‘surcharge’ relief against an ERISA fiduciary under 29 U.S.C. § 1132(a)(3) constitutes permissible ‘equitable relief.’

Whether 18 U.S.C. § 922(g)(1)’s lifetime firearm ban for all persons convicted of crimes punishable by more than one-year imprisonment violates the Second Amendment when applied to individuals whose predicate offense was non-violent (e.g., failure to pay child support) and how courts should conduct the historical-tradition inquiry after NYSRPA v. Bruen.

Whether Federal Rule of Evidence 803(4) allows admission of statements made to a medical professional who was consulted solely for litigation purposes rather than for genuine medical diagnosis or treatment.

Whether the Horseracing Integrity and Safety Act's enforcement provisions unconstitutionally delegate executive power to a private entity in violation of the private non-delegation doctrine.

Whether 18 U.S.C. § 1956(i) requires that overt acts establishing venue in a money-laundering conspiracy be reasonably foreseeable to the defendant.

Whether 18 U.S.C. § 922(g) requires an individualized judicial assessment of a defendant’s dangerousness before the government may constitutionally disarm the defendant under the Second Amendment after NYSRPA v. Bruen and United States v. Rahimi.

What constitutes a “good-faith purchaser” entitled to § 363(m) mootness protection in bankruptcy asset sales.

What burden of proof a § 2255 petitioner must satisfy, when the original record is unclear, to show that a prior § 924(c) conviction rested on the now-invalid residual clause rather than the elements clause.

Whether the term “loss” in USSG § 2B1.1(b)(1) includes intended loss in light of Kisor v. Wilkie or is limited to actual loss only.

Whether unlawful or undocumented aliens are included within "the people" protected by the Second Amendment, and thus whether 18 U.S.C. § 922(g)(5)(A)’s firearms prohibition implicates a constitutional right.

Whether Ford Motor Co. v. Montana Eighth Judicial District Court permits a state to exercise specific personal jurisdiction over a foreign lithium-ion battery manufacturer when an individual battery reaches the forum through third-party resale and injures a resident plaintiff.

Whether Plains Commerce Bank v. Long Family Land & Cattle Co. narrowed Montana’s ‘consensual-relationship’ exception so that tribal jurisdiction over non-members is limited to situations necessary to protect tribal self-government and internal relations.

What evidentiary burden applies to an equal-protection selective-enforcement claim in federal criminal cases.