10 Major Issues That Justices Must Decide In Summer
America ı By Rochdi Rais
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The case is Fischer v. United States, case number 23-5572.
Social Media
Internet trade associations NetChoice LLC and the Computer & Communications Industry Association are challenging the constitutionality of Florida and Texas laws that prohibit social media platforms from removing content or users based on viewpoint.
The associations argue the state laws violate the platforms' First Amendment right to make editorial judgments about the content presented on their websites, which they claim are similar to decisions made by newspapers and magazines. But Florida and Texas believe the platforms are common carriers required to carry all content posted by users.
A majority of the court at oral arguments in February seemed inclined to rule that platforms' content moderation decisions are protected activity similar to editorial judgments, but they also expressed concern about several issues, including that a ruling definitively striking down the state laws would be premature since the cases are only at the preliminary judgment stage.
The cases are Moody et al. v. NetChoice LLC et al., case number 22-277, and NetChoice LLC et al. v. Paxton, case number 22-555.
Immigration Proceedings
A trio of migrants wants the Supreme Court to rebuke the federal government's use of multiple hearing notices to provide information about the time and location of removal proceedings, which, if missed by the migrant, could result in an in absentia removal order.
El Salvador native Mori Esmelis Campos-Chaves, India native Varinder Singh, and Mexico native Raul Daniel Mendez-Colin argue the court's 2021 ruling in Niz-Chavez v. Garland and the Illegal Immigration Reform and Immigrant Responsibility Act require the government to provide migrants with initial notices to appear that include the date, time, and place of the court hearing in a single document. The federal government, however, claims it can provide supplemental notices with those details.
The justices seemed skeptical of the federal government's interpretation of the law at oral arguments in January, suggesting its reading directly contradicts the statute's text.
The consolidated cases are Campos-Chaves v. Garland, case number 22-674, and Garland v. Singh et al., case number 22-884.
Homelessness
An Oregon city has urged the justices to reinstate its ban on camping in public spaces, which opponents claim has been enforced effectively as a ban on people who are homeless.
The city of Grants Pass claims its trio of ordinances prohibiting sleeping in public parks and walkways, under bridges and viaducts, and in other public spaces are constitutional because they punish the act of sleeping in public rather than the involuntary status of being homeless. But Gloria Johnson and other residents who are homeless argue the city is using the ordinances to run them out of town and that they constitute "cruel and unusual punishment" in violation of the Eighth Amendment.
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