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Preview of United States Supreme Court Cases

The Preview of United States Supreme Court Cases (Preview) is a comprehensive American Bar Association (ABA) subscription publication that spans eight distinct issues throughout the course of a Supreme Court term. This resource provides in-depth expert analyses of all cases scheduled for plenary review by the Supreme Court, offering valuable insights before oral arguments occur.

Steven Schwinn, UIC Law Associate Dean for Research & Faculty Development and Professor of Law, regularly contributes to the Preview.

Current editions of the Previews are available via the ABA website. Past editions (2005 to 2019) are available via the Preview Archive. HeinOnline has coverage from 1973 to the present. Preview of United States Supreme Court Cases is listed in the "Browse Databases by Name" section on Hein's homepage.

Submissions from 2022 2022

Does California's Ban on the Sale of Whole Pork Meat from Animals Confined in a Manner That Is Inconsistent with State Standards Violate the Dormant Commerce Clause?, Steven D. Schwinn

Does the Bipartisan Campaign Reform Act of 2002 Violate the First Amendment Insofar as It Restricts Candidates' Ability to Receive Full Repayment for Loans That the Candidates Made to Their Campaign?, Steven D. Schwinn

Does the Clean Air Act, While Authorizing the EPA and States to Regulate Emissions from Existing Power Plants, Limit the Measures That the EPA May Consider in Determining the "Best System of Emission Reduction" Only to Those Measures That Can Be Applied to and at an Individual Source, like a Power Plant, and Not to Measures outside the Source? (20-1530) (20-1531) (20-1778) (20-1780), Steven D. Schwinn

Does the Federal Honest-Services-Fraud Statute Apply to a Person Who Left Public Office but Continued to Exercise Public Authority and Later Returned to Their Public Office?, Steven D. Schwinn

Do Federal District Courts Have Jurisdiction over Lawsuits That Seek to Halt Administrative Enforcement Actions by the Federal Trade Commission or the Securities and Exchange Commission Based on Claims That Those Agencies' Administrative Law Judges Are Impermissibly Insulated from Removal in Violation of the Constitution?, Steven D. Schwinn

May a Plaintiff Sue a Border Patrol Agent for Monetary Damages Arising out of the Agent's Violations of the Plaintiff's First and Fourth Amendment Rights?, Steven D. Schwinn

May States Intervene in an Appeal to Defend the Trump Administration's "Public Charge" Rule When the Biden Administration Has Declined to Defend It?, Steven D. Schwinn

May the President Pro Tempore of the North Carolina Senate and the Speaker of the North Carolina House of Representatives Intervene in a Federal Lawsuit against the State to Defend a State Voting Provision?, Steven D. Schwinn

Should the Court Block a Federal Rule That Requires All Health-Care Workers at Facilities That Participate in Medicare and Medicaid to Be Fully Vaccinated against COVID-19 unless They Are Eligible for a Medical or Religious Waiver?, Steven D. Schwinn

Should the Court Halt OSHA's Vaccine-or-Testing Option for All Businesses with 100 or More Employees?, Steven D. Schwinn

The Court's Religion Clause Cases: Expanding Religion in Public Life, Steven D. Schwinn

Submissions from 2021 2021

Brnovich v. DNC: Yet Another Blow to the Voting Rights Act, Steven D. Schwinn

Can a State Attorney General Intervene in a Case to Defend a State Anti-Abortion Law after an Appellate Panel Struck the Law, When a Different Attorney General Previously Voluntarily Withdrew from the Case, Renounced Authority to Enforce the Law, and Agreed to Abide by the Court's Ruling?, Steven D. Schwinn

Can Federal Courts Hear Challenges by Private Plaintiffs or the Federal Government to Halt the Enforcement of a Law That Authorizes Private Citizens to Sue Doctors for Providing an Abortion after Six Weeks of Pregnancy? (21-463) (21-588), Steven D. Schwinn

Did the Department of Health and Human Services Exceed Its Statutory Authority When It Reduced the Reimbursement Rate for Medicare Part B Prescription Drugs for Hospitals That, by Statute, Pay a Deeply Discounted Price for Those Drugs? Does the Medicare Statute Allow Judicial Review of This Question? (20-1114), Steven D. Schwinn

Did the Federal Communications Commission Sufficiently Analyze the Impact on Racial Minority and Female Ownership of Media When it Repealed Its Broadcast Ownership Rules?, Steven D. Schwinn

Does an Elected Body Violate the First Amendment When It Censures One of Its Members for Critical and Disruptive Public Speech?, Steven D. Schwinn

Does Arizona Violate the Voting Rights Act by Discarding All Ballots Submitted in the Wrong Precinct or by Prohibiting Third-Party Ballot Collections?, Steven D. Schwinn

Does a State's Ban on Abortion after 15 Weeks of Pregnancy Violate the Constitution?, Steven D. Schwinn

Does Austin's City Code, Which Distinguishes between on-Premises Signs (Which May Be Digitized) and off-Premises Signs (Which May Not), Constitute an Impermissible Content-Based Regulation of Speech, in Violation of the First Amendment?, Steven D. Schwinn

Does California's Regulation That Affords Union Organizers a Limited Right to Access a Business Where Agricultural Employees Work Constitute a Per Se Taking of the Business Owner's Property?, Steven D. Schwinn

Does California's Requirement That Charitable Non-Profits Disclose to the State Attorney General the Identities of Their Substantial Donors Violate the Right to Free Association?, Steven D. Schwinn

Does New York's Requirement That an Applicant Demonstrate "Proper Cause" for a License to Carry a Firearm outside the Home Violate the Second Amendment?, Steven D. Schwinn

Does Section 1806(f) of the Foreign Intelligence Surveillance Act, Which Requires Certain Judicial Procedures When the Government Seeks to Protect Evidence in Certain Cases Involving the National Security, Displace the State Secrets Privilege?, Steven D. Schwinn

Does the First Step Act of 2018 Allow Individuals Who Committed Low-Level Crack Offenses before 2010 to Move for a Reduction in Their Sentences?, Steven D. Schwinn

Does the Government's Invocation of the State Secrets Privilege Require Courts to Quash Subpoenas in Toto, when the Subpoenas Are Directed at Government Contractors for Both Concededly Privileged Information and for Information That Is Already Public?, Steven D. Schwinn

Does the NGA Validly Delegate to Private Corporations the Federal Government's Power of Eminent Domain to Acquire State Property for a Natural Gas Pipeline? Did the Lower Court Have Jurisdiction to Rule on This Question?, Steven D. Schwinn

May a Police Officer Enter a Home without a Warrant When the Officer Pursues a Person That the Officer Has Probable Cause to Believe Has Committed a Misdemeanor?, Steven D. Schwinn

May a State Exclude Private Schools with Overtly Religious Missions from a State Program That Provides Private-School Tuition to Students Who Live in Districts with No Public Schools?, Steven D. Schwinn

Submissions from 2020 2020

Can the Government Ban Automated Calls to Cell Phones, but Except Calls to Collect Government-Owned Debt, Consistent with the First Amendment?, Steven D. Schwinn

Can the Heirs of German Jews Sue a German Foundation in U.S. Courts for Art and Artifacts That Their Predecessors Sold to Prussia, under Duress, as Part of the Holocaust?, Steven D. Schwinn

Did Committees of the House of Representatives Have Authority to Issue Subpoenas to Third-Party Custodians of the Personal Records of the President?, Steven D. Schwinn

Did Congress Render the Minimal-Coverage Provision in the Affordable Care Act Unconstitutional When It Eliminated the Tax Penalty for Noncompliance, and, if So, Does the Provision's Unconstitutionality Render the Rest of the Act Unconstitutional, Too?, Steven D. Schwinn

Did Federal Agencies Have Authority to Grant a Categorical Exemption from the Affordable Care Act's Contraceptive Guarantee for Organizations That Have a Religious or Moral Objection to Contraception?, Steven D. Schwinn

Did Philadelphia Violate the Free Exercise Clause or the Free Speech Clause When It Included and Enforced a Standard Provision in a Contract for Foster Family Care Agencies That Prohibits Agencies from Discriminating by Sexual Orientation?, Steven D. Schwinn

Did the Montana Supreme Court Violate the Constitution When It Struck a State Program That Offered Montanans Dollar-for-Dollar Tax Credits for Donations to Private Schools, including Religious Schools, for the Purpose of Paying Student Tuition?, Steven D. Schwinn

Does a Federal Tort Claims Act "Judgment Bar" Foreclose a Plaintiff's Claims against Individual Officers for Constitutional Violations When the Court Dismissed the Plaintiff's FTCA Claims against the Government for Lack of Subject Matter Jurisdiction in the Same Lawsuit?, Steven D. Schwinn

Does the Federal Prohibition against Encouraging or Inducing Illegal Immigration for Commercial Advantage or Private Financial Gain Violate Free Speech?, Steven D. Schwinn

Does the First Amendment Bar Congress from Restricting Federal Funds to Fight HIV and AIDS Abroad to Foreign Affiliates of U.S. Nongovernmental Organizations That Have a Policy Explicitly Opposing Prostitution and Sex Trafficking?, Steven D. Schwinn

Does the First Amendment Permit a State to Specify and Define the Composition of State Courts by Reference to the Political Party of the Judges?, Steven D. Schwinn

Does the For-Cause Removal Provision for the Director of the Consumer Financial Protection Bureau Impermissibly Encroach on the President's Constitutional Power to Direct and Control the Executive Branch - If So, is It Severable from the Rest of the Dodd-Frank Act?, Steven D. Schwinn

Does the Foreign Sovereign Immunities Act Allow Plaintiffs to Recover Punitive Damages against Foreign States for Terrorist Activities That Occurred before Congress Authorized Punitive Damages under the Act?, Steven D. Schwinn

Does the Freedom of Information Act Compel Disclosure of Agency Records That Were Generated in a Formal Interagency Consultation Process over the Effects of an Agency Action, Later Modified through That Process, on Endangered Species?, Steven D. Schwinn

In Light of the Court's 2016 Ruling in Whole Women's Health v. Hellerstedt, Does Louisiana's Law Requiring Doctors Who Perform Abortions to Obtain Admitting Privileges at a Local Hospital Violate the Right to an Abortion?, Steven D. Schwinn

Is the President Immune from a Grand Jury Subpoena Issued by a Local Prosecutor for Materials That Have Nothing to Do with the President's Official Responsibilities?, Steven D. Schwinn

May a Federal District Court Abstain from Hearing a Case Brought by Hungarian Holocaust Survivors against Hungary on the Ground That the Plaintiffs Should Sue in Hungary Instead?, Steven D. Schwinn

May the President Direct the Secretary of Commerce to Include in the Census Count the Number of Unauthorized Noncitizens in Order to Exclude Them from the Apportionment Base for Congressional Representation?, Steven D. Schwinn

Vance and Mazars: The President Is Not above the Law, after All, Steven D. Schwinn

When a Plaintiff Brings a Second Suit against a Defendant for Continuing to Violate the Plaintiff's Trademark, Is the Defendant Barred from Raising a Defense That It Did Not Raise in the Plaintiff's Earlier Case?, Steven D. Schwinn

Submissions from 2019 2019

Administrative Law: PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Steven D. Schwinn

Civil Rights: Did an Employer Illegally Discriminate because of Sex When It Discharged an Employee because of the Employee's Transgender Status, Steven D. Schwinn

Civil Rights: Did Employers Violate the Prohibition against Discrimination because of Sex When They Terminated Employees because of the Employees' Sexual Orientation, Steven D. Schwinn

Due Process: North Carolina Department of Revenue v. Kaestner Family Trust, Steven D. Schwinn

Federalism: Parker Drilling Management Services, Ltd. v. Newton, Steven D. Schwinn

First Amendment: Iancu v. Brunetti, Steven D. Schwinn

Fourth Amendment: Mitchell v. Wisconsin, Steven D. Schwinn

Immigration Law: Does Federal Immigration Law Preempt a State's Prosecution of Suspects for Identity Theft after They Provided False Information on Certain Employment Documents, Steven D. Schwinn

Liquor Regulation, Tennessee Wine and Spirits Retailers Association v. Blair, Steven D. Schwinn

Native American Treaty Rights, Herrera v. Wyoming, Steven D. Schwinn

Partisan Gerrymandering: Lamone v. Benisek, Steven D. Schwinn

Partisan Gerrymandering: Rucho v. Common Cause, Steven D. Schwinn

Racial Gerrymandering: Virginia House of Delegates v. Bethune-Hill, Steven D. Schwinn

State Action Doctrine, Manhattan Community Access Corporation v. Halleck, Steven D. Schwinn

State Immunity, Franchise Tax Board of the State of California v. Hyatt, Steven D. Schwinn

The Census Case: An Ordinary Ruling in an Extraordinary Case, Steven D. Schwinn

The Census: Department of Commerce v. New York, Steven D. Schwinn

The Financial Oversight and Management Board for Puerto Rico: Does the Appointments Clause Govern the Appointments of Members of the Financial Oversight and Management Board for Puerto Rico, Steven D. Schwinn

Submissions from 2018 2018

Appointments Clause: Lucia v. SEC, Steven D. Schwinn

Death Penalty: Bucklew v. Precythe, Steven D. Schwinn

Death Penalty: Madison v. Alabama, Steven D. Schwinn

Election Law: Abbott v. Perez, Steven D. Schwinn

Election Law, Husted v. A. Philip Randolph Institute, Steven D. Schwinn

Federal Preemption: Virginia Uranium, Inc. v. Warren, Steven D. Schwinn

First Amendment: Janus v. American Federation of State, County, and Municipal Employees, Steven D. Schwinn

First Amendment: Lozman v. City of Riviera Beach, Steven D. Schwinn

First Amendment: Minnesota Voters Alliance v. Mansky, Steven D. Schwinn

First Amendment: National Institute of Family and Life Advocates v. Becerra, Steven D. Schwinn

Fourth Amendment, Collins v. Virginia, Steven D. Schwinn

Immigration: Trump v. State of Hawaii, Steven D. Schwinn

Jurisdiction: United States v. Sanchez-Gomez, Steven D. Schwinn

Military Offices, Dalmazzi v. United States, Steven D. Schwinn

Political Gerrymandering: Benisek v. Lamone, Steven D. Schwinn

Separation of Powers: Gundy v. United States, Steven D. Schwinn

Sixth Amendment, McCoy v. Louisiana, Steven D. Schwinn

The Continuing Quest for a Solution to Extreme Partisan Gerrymandering, Steven D. Schwinn

Submissions from 2017 2017

Can a Group of Muslim and Arab Men Sue Federal Officials for Violating Their Civil Rights in Identifying, Detaining, and Abusing Them in the Investigations into the 9/11 Attacks: Ziglar v. Abbasi, Ashcroft v. Abbasi, and Hasty v. Abbasi, Steven D. Schwinn

Civil Rights: County of Los Angeles v. Mendez, Steven D. Schwinn

Civil Rights: Hernandez v. Mesa, Steven D. Schwinn

Does a State Statute That Prohibits Merchants from Imposing a Surcharge on Credit-Card Purchases Violate Their First Amendment Right to Communicate Their Prices: Expressions Hair Design v. Schneiderman, Steven D. Schwinn

Does Section 2(a) of the Lanham Act, Which Prohibits the Patent and Trademark Office from Registering a Disparaging Trademark, Violate the First Amendment: Lee v. Tam, Steven D. Schwinn

Election Law: Gill v. Whitford, Steven D. Schwinn

Election Law: Husted v. A. Philip Randolph Institute, Steven D. Schwinn

Federal Preemption: Howell v. Howell, Steven D. Schwinn

First Amendment: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Steven D. Schwinn

First Amendment: Packingham v. North Carolina, Steven D. Schwinn

Fourth Amendment: Carpenter v. United States, Steven D. Schwinn

Fourth Amendment: District of Columbia v. Wesby, Steven D. Schwinn

Religious Freedom: Trinity Lutheran Church of Columbia v. Pauley, Steven D. Schwinn

Separation of Powers: Oil States Energy Services, LLC v. Greene’s Energy Group, Steven D. Schwinn

Separation of Powers: Patchak v. Zinke, Steven D. Schwinn