Audio Arguendo

War Powers: Was a captured Taliban commander, charged in federal court with violent crimes against U.S. personnel in Afghanistan, entitled to combatant immunity under the Geneva Conventions? - Argued December 9, 2016

Separation of Powers: Does a statute directing the federal courts to "promptly dismiss” a pending lawsuit following substantive determinations by the courts (including this Court's determination that the "suit may proceed")-without amending underlying substantive or procedural laws-violate the Constitution’s separation of powers principles? - Argued November 7, 2017

Death Penalty: Whether the Fifth Circuit erred in holding that 18 U.S.C. § 3599(f) withholds "reasonably necessary" resources to investigate and develop an IAC claim that state habeas counsel forfeited, where the claimant's existing evidence does not meet the ultimate burden of proof at the time the § 3599(f) motion is made. - Argued October 30, 2017

Bankruptcy: Whether the appropriate standard of review for determining non-statutory insider status in a bankruptcy proceeding is the de novo standard of review applied by the Third, Seventh and Tenth Circuit Courts of Appeal, or the clearly erroneous standard of review adopted for the first time by the Ninth Circuit Court of Appeal in this action? - Argued October 31, 2017

Religious Liberty: Does a high school's performance of a live Nativity scene violate the Establishment Clause? - Argued October 31, 2017

War Powers: May a service member object to a deployment to combat ISIS as unauthorized by Congress? - Argued October 27, 2017

Civil Procedure: Whether Federal Rule of Appellate Procedure 4(a)(5)(C) can deprive a court of appeals of jurisdiction over an appeal that is statutorily timely, as the U.S. Courts of Appeals for the 2nd, 4th, 7th and 10th Circuits have concluded, or whether Federal Rule of Appellate Procedure 4(a)(5)(C) is instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as the U.S. Courts of Appeals for the 9th and District of Columbia Circuits have concluded, and therefore subject to equitable considerations such as forfeiture, waiver and the unique-circumstances doctrine. - Argued October 10, 2017

International Law: Can corporations be held liable under the Alien Tort Statute? - Argued October 11, 2017

Intellectual Property: Did the song "Blurred Lines" infringe upon the Marvin Gaye song "Got To Give It Up"? - Argued October 6, 2017

Labor: Does discrimination based upon sexual orientation constitute "gender discrimination" for the purposes of Title VII? - Argued September 26, 2017

Labor: Whether an agreement that requires an employer and an employee to resolve employment-related disputes through individual arbitration, and waive class and collective proceedings, is enforceable under the Federal Arbitration Act, notwithstanding the provisions of the National Labor Relations Act. - Argued October 2, 2017

Fourth Amendment: Whether police officers who found late-night partiers inside a vacant home belonging to someone else had probable cause to arrest the partiers for trespassing under the Fourth Amendment, and in particular whether, when the owner of a vacant home informs police that he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects' questionable claims of an innocent mental state. - Argued October 4, 2017

Intellectual Property: 1. Where a design patent includes unprotected non-ornamental features, should a district court be required to limit that patent to its protected ornamental scope? 2. Where a design patent is applied to only a component of a product, should an award of infringer’s profits be limited to those profits attributable to the component? - Argued October 11, 2016