Circuit Split Alerter

Whether the ‘pocket-veto’ provisions of the Magnuson-Stevens Act (16 U.S.C. § 1854(c)(3) and (h)) violate the Appointments Clause and, if so, whether they must be severed and/or plaintiffs are entitled to injunctive relief when those provisions were not invoked in the challenged rulemaking.

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

Whether federal habeas courts may grant relief on an ineffective-assistance-of-counsel claim based on the cumulative prejudice of multiple alleged attorney errors when no single error is independently prejudicial under Strickland and AEDPA.

Whether inchoate drug offenses such as conspiracy qualify as a “controlled substance offense” under U.S.S.G. § 4B1.2(b) for purposes of the career-offender enhancement.

Whether the 30-day deadline in 8 U.S.C. § 1252(b)(1) is subject to equitable tolling after the Supreme Court’s decision in Riley v. Bondi.

Proper standard of review (IIRIRA substantial-evidence vs. clear-error) for appellate courts assessing the Board of Immigration Appeals’ determination that removal would not cause “exceptional and extremely unusual hardship” under 8 U.S.C. § 1229b(b)(1)(D).

Whether the National Labor Relations Board possesses statutory authority under 29 U.S.C. § 160(c) to award compensation for "foreseeable pecuniary harms" (so-called "Thryv remedies") as part of its make-whole relief.

Whether Reed v. Ross's second category of novelty continues to provide 'cause' to excuse a procedural default on collateral review after Bousley v. United States.

Whether § 230 of the Communications Decency Act immunizes social-media platforms from liability for harms allegedly caused by their algorithmic recommendation and amplification of third-party content.

Whether a statewide voter-registration list is a “record[] concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters” that must be disclosed under § 20507(i)(1) of the National Voter Registration Act (NVRA).

Whether a Chapter 13 debtor’s technical compliance with 11 U.S.C. §1325(b)’s disposable-income (means-test) provision prevents a bankruptcy court from denying confirmation of the plan under §1325(a)(3)’s good-faith requirement when the debtor seeks to retain luxury collateral.

Whether Amazon, acting as an online marketplace that lists and fulfills orders for third-party products, qualifies as a "seller" or "distributor" subject to strict products liability.

What is the correct standard of appellate review for a district court’s ruling that upholds the invocation of legislative privilege by state or local officials?

Whether a state may criminalize the use of recording devices while a person is trespassing on private property that is otherwise open to the public without violating the First Amendment.

Whether the ‘one central reason’ causation standard or the more lenient ‘a reason’ standard governs withholding-of-removal claims under 8 U.S.C. § 1231(b)(3)(A).