Circuit Split Alerter

Whether the FTCA’s discretionary function exception shields federal officials when the challenged conduct is alleged to be unconstitutional.

Whether, after Riley v. Bondi (2025), a court of appeals has jurisdiction to review a withholding-only BIA decision when the petition for review does not expressly challenge the underlying final order of removal.

Whether the 90-day filing deadline in 26 U.S.C. § 6213(a) is jurisdictional (thus barring untimely petitions) or a non-jurisdictional, equitably tollable claim-processing rule.

Whether—and under what test—the Second Amendment's plain text extends to ancillary or corollary conduct (such as training, acquisition, export, etc.) after the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen.

Whether the federal MCS-90 endorsement obligates an insurer to pay a judgment obtained against an unnamed permissive driver (or other non-named insured) or only judgments entered against the motor-carrier named in the insurance policy.

Whether the ‘one central reason’ causation standard that governs asylum claims also applies to withholding-of-removal claims, or whether withholding requires only that a protected ground be ‘a reason’ for the feared persecution.

Whether, under Bousley v. United States, a habeas petitioner invoking the miscarriage-of-justice exception must prove actual innocence of dismissed charges that are equally serious (as well as more serious) than the convictions being challenged.

Standard for determining whether erroneously admitted evidence after a conditional guilty plea was harmless such that the plea need not be withdrawn.

Threshold showing a defendant must make to place criminal venue 'in issue' so that the jury — not the judge — must decide proper venue.

Whether Title IX creates a private cause of action for employment-discrimination claims brought by employees of federally-funded educational institutions.

Whether, after Kisor v. Wilkie, courts must continue to give Stinson deference to Sentencing Guidelines commentary—specifically the definition of “loss” in USSG § 2B1.1—to apply the greater of actual or intended loss.

Whether strict compliance with all three Lozada requirements is mandatory or whether substantial compliance is sufficient when alleging ineffective assistance of counsel in immigration proceedings.

Whether, under the Prison Litigation Reform Act (42 U.S.C. § 1997e(a)), the date of an amended complaint or the date of the original complaint controls the exhaustion inquiry, particularly for claims first raised in the amended pleading.

Whether a court assessing the good-faith sufficiency of agency affidavits in a FOIA case may consider evidence of the agency’s alleged bad faith in unrelated, underlying activities outside the FOIA litigation itself.

Whether the Clean Air Act’s diligent-prosecution bar precludes citizen-suit claims only when the government is already prosecuting the exact same “standard, limitation, or order,” or whether it also bars suits that are merely substantially similar or related.