Issue: (1) Whether the Oklahoma Court of Criminal Appeals erred when it created a split of authority amongst the lower courts by rejecting the universally-recognized limitations on the scope of this Court’s decision in Lamber v. California, which held that a defendant’s knowledge of an ordinance is constitutionally irrelevant except in a narrow class of convictions where the ordinance involves conduct that is “wholly passive” and conditions do not lead one to inquire about the existence of a regulation; and (2) whether the Oklahoma Court of Criminal Appeals’ decision holding that due process requires a statute to provide a means of individual notice conflicts with this Court’s holding in Texaco v. Short, which held in pertinent part that the notice requirement of due process only requires the legislature to enact the law, publish the law, and provide a period of time for people to become familiar with the law.
On Monday, the Court issued orders from its June 23 Conference. It added three cases to its merits docket for next Term. The Court also released its final opinions of the Term, in McDonnell v. United States, Voisine v. United States, and Whole Woman's Health v. Hellerstedt. On Tuesday, the Court issued orders from Monday's Conference, the final one before its summer recess. It added eight cases to its merits docket for next Term. The Court is now in recess for the remainder of the summer.
Zubik v. Burwell Because both the Obama administration and the religious non-profits, colleges, and schools challenging the accommodation offered to those who object to complying with the Affordable Care Act’s birth control mandate confirm that contraceptive coverage could be provided to the challengers’ female employees, through the challengers’ insurance companies, without any notice from the challengers, the decisions of the courts of appeals rejecting the challenge are vacated and remanded. Given the gravity of the dispute and the substantial clarification and refinement in the positions of the parties, the parties on remand should be afforded an opportunity to arrive at an approach going forward that accommodates the challengers’ religious exercise while at the same time ensuring that women covered by the challengers’ health plans receive full and equal health coverage, including contraceptive coverage.
Whole Woman’s Health v. Hellerstedt Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health - or any other valid interest.
Spokeo, Inc. v. Robins Because the Ninth Circuit failed to consider both aspects of the injury-in-fact requirements -- an injury in fact must be both concrete and particularized, but the Ninth Circuit's observations concerned only "particularization" -- its Article III standing analysis was incomplete.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.