Circuit Split Alerter

Whether a party’s voluntary dismissal of its remaining claim without prejudice creates a final, appealable judgment under 28 U.S.C. § 1291.

Whether § 922(g)(1)’s lifetime ban on firearm possession by felons is constitutional under the Second Amendment after NYSRPA v. Bruen, and whether the ban requires an individualized dangerousness inquiry.

Proper standard of appellate review (de novo vs. clear-error) for a district court’s denial of a Franks v. Delaware evidentiary hearing challenging the veracity of a search-warrant affidavit.

Whether a government may close a previously designated public forum to all private speech when the closure is allegedly motivated by hostility to a particular viewpoint ("retaliatory forum closure").

Whether the PSLRA’s heightened “strong-inference” scienter standard that governs motions to dismiss also applies at the summary-judgment stage of a federal securities-fraud action.

Whether retroactively applying the MVRA’s extended restitution-collection period to crimes committed before the MVRA’s enactment violates the Ex Post Facto Clause.

Whether 18 U.S.C. § 2422(b) constitutes a continuing offense that may be charged in a single count covering a multi-year pattern of online enticement, or whether each discrete enticement episode is a separate offense requiring separate counts.

Whether ERISA’s express-preemption clause, 29 U.S.C. § 1144(a), bars state-law misrepresentation/promissory-estoppel claims by medical providers based on a plan administrator’s oral assurances about coverage or reimbursement terms of an ERISA plan.

Whether a party’s non-payment of arbitration filing fees presents a question for the court (as waiver/default) or for the arbitrator under the FAA.

Whether state laws that grant no-excuse absentee-by-mail voting only to voters aged 65 and older abridge the right to vote on account of age in violation of the Twenty-Sixth Amendment.

Whether 42 U.S.C. § 1320f-7(2) bars judicial review of generally-applicable CMS rules (interpretations and guidance) or only bars review of drug-specific determinations made under the Inflation Reduction Act’s Medicare Drug Price Negotiation Program.

Whether the 90-day filing deadline in 26 U.S.C. § 6213(a) is jurisdictional (depriving the Tax Court of power over untimely petitions) or a non-jurisdictional claim-processing rule.

Whether 8 U.S.C. § 1252(g) strips federal courts of jurisdiction over suits by non-citizens who challenge the government’s legal authority to execute removal orders while they are pursuing provisional unlawful-presence waivers under 8 C.F.R. § 212.7(e).

Whether 18 U.S.C. § 4243 allows a district court to revoke an insanity acquittee’s conditional discharge based on violation of an ancillary condition unrelated to the prescribed treatment regimen, or only for non-compliance with the prescribed regimen of medical, psychiatric, or psychological care or treatment.

Whether 18 U.S.C. § 2251(a) requires (or the First Amendment mandates) recognition of an affirmative mistake-of-age defense/knowledge requirement regarding a victim’s minority in child-pornography-production prosecutions.