So far, the Court has decided seventy-three of its argued cases this Term, including all cases argued during the October, January, and March Sittings. Now, only four argued cases are still pending and are expected to be decided on Monday. Below the jump, you'll find a list of this Term's outstanding cases and the issues involved, organized by sitting, as well as links to briefs filed by the parties in the cases. (Links to amicus briefs, as well as commentary, are available on our sister site, SCOTUSwiki; you can access them by clicking on the case names below.)


Bilski v. Kappos (08-964)

Argued: Nov. 9, 2009

Issue: Whether a "process" must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing ("machine-or-transformation" test), to be eligible for patenting under 35 U.S.C. § 101, and whether the "machine-or-transformation" test for patent eligibility contradicts congressional intent that patents protect "method[s] of doing business" in 35 U.S.C. § 273.

Merits Briefs

Certiorari-Stage Documents


Free Enterprise Fund and Beckstead and Watts, LLP v. Public Company Accounting Oversight Board (08-861)

Argued: Dec. 7, 2009

Issue: Whether the Sarbanes-Oxley Act is consistent with separation-of-powers principles "“ as the Public Company Accounting Oversight Board is overseen by the Securities and Exchange Commission, which is in turn overseen by the President "“ or contrary to the Appointments Clause of the Constitution,  as the PCAOB members are appointed by the SEC.

Merits Briefs

Certiorari-Stage Documents


McDonald v. City of Chicago (08-1521)

Argued: Mar. 2, 2010

Issue: Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.

Merits Briefs

Certiorari-Stage Briefs


Christian Legal Society v. Martinez (08-1371)

Argued: Apr. 19, 2010

Issue: Whether a public university law school may deny school funding and other benefits to a religious student organization because the group requires its officers and voting members to agree with its core religious viewpoints.

Merits Briefs

Certiorari-Stage Documents

Posted in Merits Cases, Uncategorized