The High Court Report

Question Presented: Whether an internet service provider bears contributory copyright liability for continuing to serve subscribers it knows infringe copyrights.
Overview: Major copyright owners sought to hold Cox Communications liable for its subscribers' music piracy after Cox received over 163,000 infringement notices and terminated only 32 subscribers, producing a $1 billion jury verdict.
Posture: Fourth Circuit affirmed contributory liability; Supreme Court granted certiorari and reversed.
Holding: Internet service provider Cox Communications neither induced its users’ infringement of copyrighted works nor provided a service tailored to infringement, and accordingly Cox is not contributorily liable for the infringement of Sony’s copyrights.
Majority Reasoning: (1) Contributory copyright liability requires proof of intent — meaning the provider either actively induced infringement or designed its service specifically for infringing use; (2) mere knowledge that subscribers commit infringement, without inducement or tailored design, cannot establish the required intent; (3) Cox neither promoted infringement nor tailored its internet service exclusively for copyright theft, and internet access plainly serves vast legitimate purposes.
Separate Opinions:
Justice Sotomayor (concurring in judgment, joined by Justice Jackson): Agreed Cox cannot bear liability on these facts but criticized the majority for unnecessarily foreclosing common-law aiding-and-abetting liability; argued Cox lacked the specific individual knowledge of infringers that aiding-and-abetting doctrine demands, and warned the majority's rule renders the DMCA safe-harbor provision obsolete.

Result: Reversed and remanded.
Voting Breakdown: 9-0. Justice Thomas wrote the majority opinion joined by Chief Justice Roberts and Justices Alito, Kagan, Gorsuch, Kavanaugh, and Barrett. Justice Sotomayor filed an opinion concurring in the judgment only, joined by Justice Jackson.
Link to Opinion: Here.
Oral Advocates:
For Petitioner (Cox Communications): Joshua Rosenkranz, New York, N.Y.
For United States as Amicus Curiae: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.
For Respondent (Sony): Paul D. Clement, Alexandria, Va.

Implications: Internet service providers nationwide no longer face contributory copyright liability merely for serving subscribers they know infringe copyrights. Rights holders lose a major litigation weapon against ISPs and must pursue individual infringers directly or seek legislative reform. ISPs now face no realistic legal pressure to enforce infringement policies. Justice Sotomayor's concurrence preserves a theoretical path for future plaintiffs with specific individual-level infringement evidence under an aiding-and-abetting theory.
The Fine Print:
17 U.S.C. § 501(a): "Anyone who violates any of the exclusive rights of the copyright owner . . . is an infringer of the copyright."
17 U.S.C. § 512(i)(1)(A): Internet service providers qualify for secondary liability protection only if they implement "a policy that provides for the termination in appropriate circumstances of subscribers and account holders" who "are repeated infringers."

Primary Cases:
Sony Corp. of America v. Universal City Studios, Inc. (1984): Sale of the Betamax VCR to the public did not constitute contributory copyright infringement because the device served substantial legitimate noninfringing uses.
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. (2005): File-sharing software companies bore contributory copyright liability because they actively marketed their software as a tool for copyright theft and built their business model around infringing use.

Flower Foods, Inc. v. Brock | Case No. 24-935 | Docket Link: Here | Argument: 3/25/26
Question Presented: Whether last-mile delivery drivers who never cross state lines qualify as transportation workers "engaged in interstate commerce" under FAA Section 1.
Overview: Flowers Foods required its Colorado bread delivery driver, Angelo Brock, to arbitrate wage disputes. Brock never crossed a state line. The Court must decide whether the 1925 FAA's transportation worker exemption covers last-mile drivers.
Posture: D. Colo. denied arbitration; Tenth Circuit affirmed; four-circuit split prompted cert grant.
Oral Advocates:
For Petitioner (Flowers Food): Traci L. Lovett of Jones Day
For Respondent (Brock): Jennifer Bennett of Gupta Wessler

Main Arguments:
Flowers Foods (Petitioner):
(1) Section 1 covers only workers who directly and actively move goods across state or international borders;
(2) historical 1925 labor schemes excluded purely local intrastate workers;
(3) the Tenth Circuit's multi-factor test turns simple arbitration threshold questions into costly mini-trials

Angelo Brock (Respondent):
(1) century of Supreme Court precedent defined last-mile workers finishing an interstate goods journey as "engaged in interstate commerce";
(2) seamen and railroad employees in 1925 included last-mile workers who never crossed a border;
(3) Flowers argued its last-mile drivers qualify as interstate workers under the Motor Carrier Act — and won — directly contradicting its position here

Implications: A Flowers win strips court access from last-mile drivers at FedEx, UPS, Amazon Logistics, and the U.S. Postal Service — forcing employment disputes into private arbitration and shielding company labor practices from judicial review. A Brock win preserves court access for workers serving more than 170 million delivery addresses and anchors a century of interstate commerce precedent in the modern gig economy.
The Fine Print:
9 U.S.C. § 1: "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce"
9 U.S.C. § 2: "A written provision in any...contract evidencing a transaction involving commerce to settle by arbitration a controversy...shall be valid, irrevocable, and enforceable"

Primary Cases:
Southwest Airlines Co. v. Saxon (2022): Transportation workers must play a direct and necessary role in the free flow of goods across borders to qualify for the FAA Section 1 exemption
Bissonnette v. LePage Bakeries Park St., LLC (2024): Transportation workers need not work for a transportation industry company to qualify for Section 1, but must actively engage in transporting goods across borders

Timestamps:
[00:00:00] Argument Preview
[00:01:02] Argument Begins
[00:01:08] Flowers Food Opening Statement
[00:03:21] Flowers Food Free for All Questions
[00:27:30] Flowers Food Round Robin Questions
[00:32:08] Brock Opening Statement
[00:34:35] Brock Free for All Questions
[01:05:32] Brock Round Robin Questions
[01:14:23] Flowers Food Rebuttal

Noem v. Al Otro Lado | Case No. 25-5 | Docket Link: Here | Oral Argument: 3/24/26
Question Presented: Whether noncitizens stopped on Mexican soil "arrive in the United States" triggering mandatory inspection and asylum-processing requirements.
Overview: Border control challenge determines whether immigration officers can block asylum seekers at ports of entry before statutory protections attach, or whether federal law requires processing anyone who presents themselves at the border.
Posture: Ninth Circuit affirmed district court; fifteen judges dissented from denial of rehearing en banc.
Oral Advocates:
Petitioners (Noem, et al.): Vivek Suri, Assistant to the Solicitor General, Department of Justice
Respondents (Al Otro Lado): Kelsi B. Corkran of the the of Institute for Constitutional Advocacy and Protection

Main Arguments:
Government (Petitioner): (1) Plain meaning of "arrives in" requires physical territorial entry—Greeks outside Troy's walls did not "arrive in" Troy; (2) Section 1225's inspection, detention, and removal procedures require U.S. presence—officers cannot inspect people standing in Mexico; (3) Presumption against extraterritoriality and Sale precedent confirm statutes apply only within U.S. territory.
Asylum Seekers (Respondent): (1) "Arrives in the United States" encompasses presentation at ports of entry to avoid rendering phrase redundant with "physically present"; (2) Congress enacted provisions to implement non-refoulement treaty obligations prohibiting return of refugees to persecution; (3) Government regulations for decades defined "arriving alien" as someone "attempting to come" into the United States at ports of entry.

Implications: Government victory preserves Executive Branch authority to manage border surges through metering, allowing officers to control entry timing at ports during capacity constraints. Asylum seeker victory requires immediate inspection and processing for anyone reaching ports of entry regardless of resources, potentially forcing facility entry to comply with statutory mandates.
The Fine Print:
8 U.S.C. § 1158(a)(1): "Any alien who is physically present in the United States or who arrives in the United States...may apply for asylum"
8 U.S.C. § 1225(a)(1) and (a)(3): "An alien present in the United States who has not been admitted or who arrives in the United States...shall be deemed...an applicant for admission" who "shall be inspected by immigration officers"

Primary Cases:
Sale v. Haitian Centers Council, Inc. (1993): Presumption against extraterritoriality bars applying immigration statutes to refugees interdicted at sea before reaching U.S. territory; statutes apply only within United States.
DHS v. Thuraissigiam (2020): Arriving aliens physically on U.S. soil remain treated as stopped at the boundary line without having effected entry; arrival and admission constitute distinct legal statuses.

Timestamps:
[00:00:00] Argument Preview
[00:01:23] Argument Begins
[00:01:29] United States Opening Statement
[00:02:40] United States Free for All Questions
[00:27:04] United States Round Robin Questions
[00:40:34] Al Otro Lado Opening Statement
[00:42:52] Al Otro Lado Free for All Questions
[01:10:56] Al Otro Lado Round Robin Questions
[01:18:32] United States Rebuttal

Keathley v. Buddy Ayers Construction, Inc. | Case No. 25-6 | Docket Link: Here | Argument: 3/24/26
Overview: Fifth Circuit's mechanical judicial estoppel rule bars claims entirely when bankruptcy filers fail to timely disclose lawsuits, creating circuit split over whether courts must consider all circumstances or presume bad faith from potential motive alone.
Question Presented: Whether courts can bar a person's lawsuit if that person filed for bankruptcy and forgot to tell the bankruptcy court about the lawsuit?
Posture: Under rigid estoppel rule, district court and Fifth Circuit dismissed Keathley's lawsuit.
Oral Advocates:
Petitioner (Keathley): Gregory G. Garre of Latham and Watkins
United States (as Amicus Curiae Supporting Vacatur): Frederick Liu, Assistant to the Solicitor General, Department of Justice
Respondent (Buddy Ayers Construction): William M. Jay of Goodwin Proctor

Main Arguments:
Petitioner Keathley:
(1) Courts must examine all circumstances, not presume bad intent automatically
(2) Estoppel punishes deliberate manipulation, not honest mistakes or simple confusion
(3) Rule rewards wrongdoers, harms innocent debtors, contradicts bankruptcy's fresh-start promise

Respondent Ayers Construction:
(1) Estoppel requires objective inconsistency, not proof of subjective bad intent
(2) Mistake exception covers only objective errors, not every non-malicious explanation
(3) Seventeen-factor test creates unworkable trials, eliminates deterrence, guts disclosure requirements

United States (supporting Keathley):
(1) Equity requires holistic assessment including bankruptcy-specific factors, not mechanical presumptions
(2) Bankruptcy courts' firsthand findings deserve weight when assessing debtor intent
(3) Fifth Circuit's restricted inquiry ignores relevant evidence, contradicts equitable principles

Implications:
Keathley victory: courts examine full circumstances before blocking lawsuits. Ayers victory: automatic blocking regardless of honest mistakes or creditor harm.
The Fine Print:
11 U.S.C. § 521(a)(1)(B)(i): "The debtor shall file a schedule of assets and liabilities"
Federal Rule of Bankruptcy Procedure 1009(a): "A voluntary petition, list, schedule, or statement may be amended by the debtor as a matter of course at any time before the case is closed"

Primary Cases:
New Hampshire v. Maine (2001): Estoppel targets deliberate manipulation, not inadvertence or honest mistakes
Holland v. Florida (2010): Equity demands flexible judgments, not rigid mechanical rules

Timestamps:
[00:00:00] Argument Preview
[00:01:18] Argument Begins
[00:01:26] Keathley Opening Statement
[00:03:33] Keathley Free for All Questions
[00:18:46] Keathley Round Robin Questions
[00:33:09] United States Opening Statement
[00:34:28] United States Free for All Questions
[00:42:11] United States Round Robin Questions
[00:47:24] Buddy Ayers Opening Statement
[00:49:27] Buddy Ayers Free for All Questions
[01:09:04] Buddy Ayers Round Robin Questions
[01:09:13] Keathley Rebuttal

Watson v. Republican National Committee (RNC) | Case No. 24-1260 | Docket Link: Here | Argument: 3/23/26
Question Presented: Whether federal election-day statutes preempt state laws allowing ballots cast by election day to arrive after that day.
Overview: Mississippi allows mail ballots postmarked by election day to count if received within five business days after. Republicans challenge this under federal statutes setting election day, raising fundamental questions about mail voting nationwide.
Posture: District court upheld Mississippi law; Fifth Circuit reversed unanimously; Supreme Court granted certiorari November 2025.
Oral Advocates:
Petitioner (Mississippi): Scott Stewart, Mississippi’s Solicitor General
Respondent (RNC): Paul D. Clement of Clement and Murphy
United States (as Amicus Curiae in Support of Respondent): D. John Sauer, United States Solicitor General

Main Arguments:
Petitioner (Mississippi): (1) "Election" means voters' conclusive choice when casting ballots, not officials' receipt afterward; (2) Counting lawfully occurs post-election day, so receipt can too; (3) Nearly thirty states permit post-election receipt; invalidating these laws disenfranchises military voters protected under UOCAVA.
Respondents (RNC): (1) "Election" means state's public process of selecting officers, concluding when officials close ballot box and receive final ballots; (2) Every Civil War-era soldier-voting law required election-day receipt despite early voting; (3) UOCAVA creates narrow exception proving baseline rule requires election-day receipt.

Implications: Petitioner victory preserves mail-ballot practices in nearly thirty states and protects military voters relying on extended receipt deadlines under federal law. Respondent victory requires states to receive all ballots by election day, potentially disenfranchising voters facing mail delays and invalidating extended military-ballot protections, forcing nationwide restructuring of absentee voting systems before next federal election.
The Fine Print:
2 U.S.C. § 7: "The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress"
Mississippi Code § 23-15-637(1)(a): Mail ballots "postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election" count toward final tallies

Primary Cases:
Foster v. Love (1997): Federal election-day statutes mandate holding all elections for Congress and Presidency on single day throughout Union; Louisiana's open-primary system allowing October final selection violated federal requirement.
Republican National Committee v. Democratic National Committee (2020): Court recognized ballot "casting" as fundamental to elections; reversed district court decision permitting voters to mail ballots after election day during pandemic.

Timestamps:
[00:00:00] Argument Preview
[00:01:02] Argument Begins
[00:01:13] Watson Opening Statement
[00:03:10] Watson Free for All Questions
[00:27:07] Watson Round Robin Questions
[00:56:51] RNC Opening Statement
[00:59:02] RNC Free for All Questions
[01:17:29] RNC Round Robin Questions
[01:51:58] United States Opening Statement
[01:52:57] United States Free for All Questions
[02:02:11] United States Round Robin Questions
[02:05:17] Watson Rebuttal