Representative Matters

Whether Medicaid may seek reimbursement of its medical-assistance payments from the portion of a beneficiary’s settlement with a third-party tortfeasor representing payment for future medical care.

Whether the State of Florida’s recently enacted anti-riot statute is unconstitutionally overbroad and vague.

Whether the CDC lawfully promulgated a “Conditional Sailing Order” effectively blocking the Nation’s cruise ships from sailing during the COVID-19 pandemic.

Whether a trial court, over the objection of the Attorney General and without meeting the requirements of Florida Rule of Criminal Procedure 3.853, may order the release of DNA evidence pursuant to a so-called “consent agreement” between a death-row-sentenced defendant and a State Attorney.

Whether Florida’s sexual battery statute requires proof that the defendant knew his victim did not consent, and whether the statute is constitutional.

Whether local and municipal officials are immune from sanction when they knowingly enact ordinances in violation of a Florida statute preempting local regulation of firearms.

Whether the Secretary of the Department of the Interior properly deemed approved a gaming compact between the State of Florida and the Seminole Tribe, worth billions of dollars in revenues to the state, under the Indian Gaming Regulatory Act.

Whether Florida’s law barring the sale of firearms to people under the age of 21 complies with the Second Amendment.

Whether the district court erred in concluding that a Florida law regulating social media companies violated the First Amendment and was preempted.

Whether the Centers for Medicare and Medicaid Services violated both the Administrative Procedure Act and the Spending Clause by mandating, as a condition of participation in Medicare and Medicaid, that all healthcare workers receive a COVID-19 vaccine.

Whether the Occupational Health and Safety Administration may lawfully impose a nationwide vaccine mandate.

Whether 8 U.S.C. § 1226(c) requires immigration authorities to arrest certain criminal aliens when they are released from jail or prison.

Whether the City of Austin code’s distinction between on- and off-premises signs is a facially unconstitutional content-based regulation under Reed v. Town of Gilbert.

Whether the Fifth Amendment privilege against self-incrimination protects a criminal defendant from being compelled to produce the passcode to his cellphone when police have a warrant to search the phone but the phone is locked.