In the U.S. Supreme Court’s June 17, 2024 order list, three of the four “Certiorari Granted” cases were from petitions that Washington Legal Foundation supported with amicus briefs. The justices will hear arguments in the cases during its October Term 2024, which commences October 7. The granted cases are:
- Wisconsin Bell, Inc. v. United States ex rel. Heath, which addresses how broadly the federal False Claims Act should apply to government contractors;
- EMD Sales v. Carrera, which will determine employers’ burden of proof when arguing that an exception to the Fair Labor Standards Act applies in the wage-and-hour suit filed against them; and
- NVIDIA Corp. v E. Ohman J:or Fonder AB, in which the justices will review a Ninth Circuit opinion that gutted the critical pleading requirements of the Private Securities Litigation Reform Act.
In Heath and Carrera, WLF was the only public-interest organization to file an amicus brief in support of review.
WLF has filed supportive amicus briefs in four cases granted for the Court’s next Term. The three the Court granted on June 17 join Facebook, Inc. v. Amalgamated Bank, another securities-fraud litigation case the Court granted on June 10. On that same date, the Court also invited the Solicitor General to file a brief expressing the federal government’s views in a case in which WLF filed an amicus brief supporting certiorari, Sunoco LP v. City and County of Honolulu.
The cases granted with WLF amicus support for October Term 2024 constitute 25% of the Court’s docket, which currently lists 16 cases accepted for review. The chances that the Court will grant a petition for certiorari are generally 1%.