Circuit Split Alerter

Whether police officers have an independent, clearly-established duty under Brady v. Maryland to disclose exculpatory or impeachment evidence to prosecutors (and thus may be sued under §1983 for withholding it).

Whether a transferee of assets under 26 U.S.C. § 6901 may be held liable for the transferor’s federal tax penalties and pre-notice interest when the value of the transferred assets exceeds the underlying tax liability.

Whether a 'systemic violations' exception allows parents to bypass the Individuals with Disabilities Education Act’s administrative-exhaustion requirement when alleging district-wide staffing or funding failures.

Whether 18 U.S.C. § 922(g)(1) is subject to, and may be struck down through, an as-applied Second Amendment challenge by individual felons.

Statutory source of a district court's authority to rehospitalize an incompetent, unrestorable defendant for a dangerousness evaluation—whether that authority derives from § 4241(d)(2)(B) or from the "subject to" language in the final paragraph of § 4241(d) referencing § 4246.

Whether 8 U.S.C. § 1225(b)(2)(A)'s mandatory-detention scheme applies to non-citizens found in the U.S. interior who entered without inspection, or only to applicants stopped at the border, thereby placing such interior detainees instead under the discretionary bond framework of 8 U.S.C. § 1226.

Whether a defendant who received a specific-sentence plea under Federal Rule of Criminal Procedure 11(c)(1)(C) may appeal the sentence as procedurally or substantively unreasonable under 18 U.S.C. § 3742(a)(1) on the ground that it was “imposed in violation of law.”

Whether a district court must conduct the full Faretta/Benchbook inquiry before finding that an uncooperative defendant has waived the right to counsel by conduct.

Does 8 U.S.C. § 1225(b)(2)(A) require mandatory, no-bond detention of non-admitted aliens found inside the United States, or does 8 U.S.C. § 1226 govern their detention and allow the possibility of bond?

Whether an order dismissing a complaint but granting leave to amend is an appealable "final decision" under 28 U.S.C. § 1291/§ 1295 before the plaintiff either amends, the amendment period expires, or the plaintiff formally elects to stand on the dismissed complaint.

Whether Rule 23’s implicit ascertainability requirement includes a separate "administrative feasibility" component that obligates the proponent of class certification to show an administratively workable method of identifying class members.

Whether the Sixth Amendment requires criminal defense counsel to advise naturalized-citizen clients that a guilty plea may expose them to denaturalization (and consequent deportation).

Whether the phrase “the people” in the Second Amendment includes aliens who are illegally or unlawfully present in the United States for purposes of Bruen’s step-one inquiry.

Whether, in National Labor Relations Act §10(j) proceedings, a district court may infer irreparable harm from the nature of an employer’s alleged unfair-labor practice (such as refusal to bargain) without independent factual evidence, or must require a clear evidentiary showing of likely irreparable harm under the Winter standard.

Whether the Clean Air Act permits citizen suits against state regulators acting in their regulatory capacity under 42 U.S.C. § 7604/§7605.