The US Supreme Court has granted certiorari in six new cases, consolidating four of them into two cases for a total of four hours of oral argument.
The court on Thursday consolidated Collins v. Mnuchin and Mnuchin v. Collins for a total of one hour of oral argument. These cases challenge the structure of the Federal Housing Finance Agency (FHFA). The court will determine whether the structure of FHFA violates the principle of separation of powers and is unconstitutional. If the structure is determined to be unconstitutional, the court will also decide what the remedy should be.
The court also consolidated AMG Capital Management, LLC v. Federal Trade Commission, and Federal Trade Commission v. Credit Bureau Center LLC, for one hour of oral argument. These cases are focused on the Federal Trade Commission Act. The court will decide whether the Federal Trade Commission (FTC) is authorized under Section 13(b) of the Federal Trade Commission Act to demand back money that has been obtained through illegal activities.
In Facebook, Inc. v. Duguid, which the court limited to question 2 presented by the petition, the court will determine the definition of an “automatic telephone dialing system” in the Telephone and Consumer Protection Act of 1991 (TCPA). The TCPA bars calls made by an autodialer. The plaintiff in the case filed suit against Facebook after he allegedly began receiving messages from Facebook through an autodialer. The court will discuss whether that includes any device that can “store” and “automatically dial” phone numbers.
Finally, in Uzuegbunam v. Preczewski, the court will decide whether the government can change an unconstitutional policy post-filing and moot claims for nominal damages. A Georgia student was prevented from distributing religious literature on his college campus, and he then filed suit for violation of his constitutional rights. The college then changed its policies, and the lower court threw out the student’s case. The court will determine whether the government can moot claims by doing so.
The court will hear these cases in the fall.