The High Court Report

Chatrie v. United States | Case No. 25-112 | Docket Link: Here
Question Presented: Whether the execution of a geofence warrant — compelling Google to search the location data of all users to identify devices near a crime scene — violated the Fourth Amendment.
Overview: Police ordered Google to scan hundreds of millions of users' private location records to catch a bank robber, without naming any suspect. The Court now decides whether geofence warrants survive the Fourth Amendment's ban on general searches.
Posture: Fourth Circuit en banc affirmed denial of suppression in a single-sentence per curiam opinion.
Main Arguments:
Chatrie (Petitioner): (1) Location History data constitutes Chatrie's property, making government access a trespass; (2) The warrant operated as an unconstitutional general warrant by compelling Google to search all users without individualized probable cause; (3) Each warrant step independently failed particularity and probable cause requirements
Government (Respondent): (1) Chatrie voluntarily opted into Location History, triggering the third-party doctrine and forfeiting any privacy claim in two hours of public movements; (2) Chatrie's property theory was forfeited below and lacks any foundation in American law; (3) The magistrate-issued warrant satisfied probable cause and particularity, and the good-faith exception independently bars suppression

Implications: A Chatrie victory likely ends geofence warrants as currently used — law enforcement would need to identify specific accounts before any search, fundamentally limiting their ability to identify unknown suspects through third-party tech platforms. It could also extend Fourth Amendment property protection to cloud-stored data broadly. A government victory grants constitutional clearance for geofence warrants and reaffirms the third-party doctrine against digital location data, exposing every opted-in user's movements to law enforcement access whenever a crime occurs nearby — including near places of worship, political gatherings, or medical facilities.
The Fine Print:
Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
18 U.S.C. § 2703(a) (Stored Communications Act): Requires a warrant for the government to compel disclosure of the contents of electronic communications stored for 180 days or fewer — a provision Chatrie argues supports a broader Fourth Amendment warrant requirement for location data.

Primary Cases:
Carpenter v. United States (2018): The Court held that seven or more days of cell-site location information triggers Fourth Amendment protection, declining to apply the third-party doctrine where data reveals the intimate patterns of daily life — Chatrie's central precedent
Smith v. Maryland (1979): Established the third-party doctrine — a person who voluntarily shares information with a third party "assumes the risk" of disclosure to law enforcement and forfeits Fourth Amendment protection — the government's bedrock authority

T.M. v. University of Maryland Medical System Corporation | Case No. 25-197 | Docket Link: Here
Question Presented: Whether the Rooker-Feldman doctrine — which blocks federal district courts from reviewing state-court judgments — can apply when the state-court decision remains subject to further appeal in state court.
Overview: A Maryland woman who signed a consent order to secure her release from involuntary psychiatric commitment challenges a federal doctrine that slammed the federal courthouse door before her state-court appeal concluded — dividing the federal circuits.
Posture: Fourth Circuit affirmed dismissal under Rooker-Feldman; expressly split from majority of circuits.
Main Arguments:
• T.M. (Petitioner): (1) Rooker-Feldman applies only after state proceedings end, per Exxon Mobil; (2) Section 1257 cannot support a negative inference extending to non-final judgments; (3) Preclusion and abstention doctrines adequately address federalism concerns without a jurisdictional bar
• UMD Medical System (Respondent): (1) Exxon Mobil's four-part test contains no finality requirement; (2) District courts lack appellate jurisdiction over state-court judgments regardless of pending review; (3) T.M.'s rule would produce gamesmanship, parallel duplicative litigation, and profound federalism harm
Implications: A T.M. victory gives any state-court loser who raises a constitutional claim an open path to federal district court while state appeals remain pending — broadening federal access but triggering parallel proceedings across two court systems. A UMD victory preserves the rule that state-court losers must exhaust state remedies before federal district courts intervene, reinforcing comity but potentially denying urgent federal relief before the state appellate process concludes. Either outcome reshapes how hundreds of thousands of civil litigants navigate federal courthouse access every year.
The Fine Print:
• 28 U.S.C. § 1257(a): "Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question..."
• 28 U.S.C. § 1331: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."
Primary Cases:
• Exxon Mobil Corp. v. Saudi Basic Industries Corp. (2005): Rooker-Feldman "confined to cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments" — the central precedent both sides claim supports their position.
• Rooker v. Fidelity Trust Co. (1923): Federal district courts lack power to reverse or modify state-court judgments — one of only two cases where the Supreme Court ever applied Rooker-Feldman to dismiss a federal suit for lack of jurisdiction, and the doctrine's namesake.

Bondi v. Lau (formerly named Bondi v. Lau) | Case No. 25-429 | Docket Link: Here
Question Presented: Whether the government, to remove a lawful permanent resident as inadmissible after paroling him into the United States, must prove it possessed clear and convincing evidence of the disqualifying offense at the time of reentry.
Overview: A green-card holder returns from a brief trip abroad facing only unproven criminal charges. The government paroles him in, waits for his conviction, then invokes the inadmissibility track. The Supreme Court now decides whether that sequence respects the INA's plain text.
Posture: Second Circuit vacated removal order; Supreme Court granted certiorari January 9, 2026.
Main Arguments:
Government (Petitioner): (1) Courts lack jurisdiction to review discretionary parole decisions; (2) The INA requires proof of the offense at the removal hearing, not at the border; (3) Requiring border officers to weigh clear-and-convincing evidence before paroling LPRs would nullify decades of lawful practice
Lau (Respondent): (1) The INA's plain text requires the government to establish the statutory exception at the time of reentry; (2) Courts retain jurisdiction to review whether DHS held authority to parole at all; (3) The government retains ample deportation authority under § 1227 and faces no operational hardship

Implications (90 words max): A government victory preserves DHS's ability to parole returning green-card holders facing criminal charges, use later convictions to justify the parole decision, and invoke the inadmissibility track — where the noncitizen bears the burden of proof. A Lau victory forces the government onto the deportation track for any LPR admitted without sufficient border-time evidence, shifting the burden of proof to the government. Millions of permanent residents who travel abroad while facing pending charges would gain a clearer procedural protection against the inadmissibility framework.
The Fine Print:
8 U.S.C. § 1101(a)(13)(C): "An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien — … (v) has committed an offense identified in section 1182(a)(2) of this title…"
8 U.S.C. § 1182(d)(5)(A): "The Secretary of Homeland Security may … in his discretion parole into the United States temporarily … only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien…"

Primary Cases:
Wilkinson v. Garland (2024): Courts retain jurisdiction to review whether a noncitizen met the statutory eligibility requirements for a discretionary immigration decision — even where the ultimate exercise of discretion sits beyond judicial review
Vartelas v. Holder (2012): A lawful permanent resident who committed a crime involving moral turpitude before a 1996 statutory change could not retroactively lose the right to travel abroad and return; the Court acknowledged in dicta that § 1101(a)(13)(C)(v) appears to require conviction or admission of the offense

FCC v. AT&T, Inc., consolidated with Verizon Communications Inc. v. FCC | Case Nos. 25-406 & 25-567 | Docket Links: Here and Here
Question Presented: Whether the Communications Act violates the Seventh Amendment and Article III by authorizing the FCC to order payment of monetary penalties for failing to safeguard customer data, without guaranteeing carriers a jury trial.
Overview: A Missouri sheriff exploited AT&T's and Verizon's location-data programs to track hundreds of people without consent. The FCC ordered AT&T to pay $57.3 million and Verizon $46.9 million — through in-house proceedings offering no jury — raising the question whether those proceedings violate the Seventh Amendment's guarantee of a jury trial in suits at common law.
Posture: Fifth Circuit vacated AT&T's penalty; Second and D.C. Circuits upheld Verizon's and Sprint's. Supreme Court consolidated and granted cert January 9, 2026.
Main Arguments:
• AT&T and Verizon: (1) FCC forfeiture proceedings constitute "Suits at common law" demanding a jury before any final liability order enters; (2) The back-end Section 504 jury option fails — no carrier received a jury trial in 47 years under this scheme; (3) The scheme unconstitutionally conditions jury-trial rights on defying a final federal order and risking operating licenses.
• FCC and United States: (1) FCC forfeiture orders impose no binding legal obligation — a carrier may lawfully do nothing after receiving one; (2) The Seventh Amendment right attaches at the collection suit, where carriers receive a full de novo jury trial under Section 504(a); (3) The Court's 1915 ruling in Meeker v. Lehigh Valley Railroad already upheld this exact model, and founding-era practice confirms its validity.
Implications: An AT&T and Verizon victory strips the FCC of its primary enforcement tool, potentially leaving privacy, robocall, and data-security rules unenforced — and destabilizing similar penalty structures across at least five other federal agencies. An FCC and United States victory confirms that agencies may enter nine-figure penalty judgments through in-house proceedings, with regulated businesses' only realistic path running through courts that apply deferential review — not juries.
The Fine Print:
• U.S. Const. amend. VII: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
• 47 U.S.C. § 504(a): "The forfeitures provided for in this chapter shall be payable into the Treasury of the United States, and shall be recoverable...in a civil suit in the name of the United States...Provided, That any suit for the recovery of a forfeiture imposed pursuant to the provisions of this chapter shall be a trial de novo."
Primary Cases:
• SEC v. Jarkesy, 603 U.S. 109 (2024): The Seventh Amendment applies when a federal agency seeks civil penalties through in-house proceedings that parallel common-law suits; Congress cannot remove such claims from jury adjudication by assigning them to an administrative tribunal.
• Meeker v. Lehigh Valley Railroad Co., 236 U.S. 412 (1915): A statute authorizing an agency to issue non-binding monetary awards — enforceable in subsequent civil suits with jury trials — does not violate the Seventh Amendment because no question of fact passes from the jury.

Sripetch v. Securities and Exchange Commission | Case No. 25-466 | Docket Link: Here
Question Presented: Whether the SEC may seek disgorgement without proving investors suffered pecuniary harm.
Overview: Federal securities enforcement showdown asks whether the SEC must prove actual investor money losses before courts order fraudsters to surrender profits — reshaping a $6.1 billion annual enforcement tool.
Posture: Ninth Circuit affirmed disgorgement without pecuniary harm; Second Circuit requires it; Supreme Court granted cert January 9, 2026.
Main Arguments:
Sripetch (Petitioner): (1) Disgorgement without pecuniary harm functions as an unlawful penalty, not equitable relief; (2) Congress's 2021 amendments ratified Liu's definition of disgorgement, which requires restoring funds to actual victims; (3) Allowing victimless disgorgement creates incoherent statutory anomalies and lets the SEC circumvent procedural safeguards attached to civil penalties.
SEC (Respondent): (1) Disgorgement strips wrongdoers of ill-gotten gains rather than compensating victims — no loss showing required; (2) Congress deliberately omitted the "for the benefit of investors" language from the 2021 disgorgement provisions, signaling no pecuniary-harm prerequisite; (3) The statutory phrase "unjust enrichment" carries a common-law meaning that never required monetary loss.

Implications: Sripetch victory forces the SEC to document specific investor money losses before courts order disgorgement — shrinking the SEC's multibillion-dollar enforcement arsenal and potentially shielding cleverly structured fraud schemes from profit-stripping orders. SEC victory preserves the agency's ability to disgorge profits from any securities violation regardless of whether identifiable investors lost money, keeping market manipulation unprofitable even when individual victims remain unharmed on paper. Lower courts, practitioners, and compliance officers across the securities industry await the Court's answer.
The Fine Print:
15 U.S.C. § 78u(d)(7): "In any action or proceeding brought by the Commission under any provision of the securities laws, the Commission may seek, and any Federal court may order, disgorgement."
15 U.S.C. § 78u(d)(5): "In any action or proceeding brought or instituted by the Commission under any provision of the securities laws, the Commission may seek, and any Federal court may grant, any equitable relief that may be appropriate or necessary for the benefit of investors."

Primary Cases:
Liu v. SEC (2020): The Supreme Court held that SEC disgorgement must not exceed a wrongdoer's net profits and must "be awarded for victims" — the foundational ruling both sides now dispute.
SEC v. Govil, 86 F.4th 89 (2d Cir. 2023): The Second Circuit held that disgorgement requires proof of investor pecuniary harm, creating the circuit split that prompted the Supreme Court's cert grant.