The court is being asked to square conflict between the states’ power to regulate alcohol and laws meant to discourage protectionist practices.
The case emerged from a Miami-area robbery.
The novel legal challenge said Rod J. Rosenstein should have succeeded Jeff Sessions.
The 85-year-old justice will miss next week’s arguments, but she continues to participate in case decisions, the court said.
Should justices overturn a precedent that says states can be sued in other states without their consent? The case is a key test of a concept called stare decisis, or respecting past decisions, for the court’s strengthened conservative majority.
It is thought to be the first time that an aspect of special counsel Robert S. Mueller III’s probe into Russian interference in the 2016 campaign has reached the high court.
It is customary for new justices to receive relatively noncontroversial cases for their debuts, and Kavanaugh’s fit that bill.
The 85-year-old justice had cancer surgery on Dec. 21. She had not missed a session since she joined the court in 1993.
The case involves a decision of the U.S. Patent and Trademark Office to deny trademark registration to a clothing line with a name it considered vulgar.
Justices to consider lower court rulings that found congressional maps in North Carolina and Maryland violated the rights of voters.
His year-end report does not address criticism that investigations end if a judge retires or joins the Supreme Court.
The president’s Nov. 9 proclamation barred asylum for anyone who crossed the U.S.-Mexico border between official ports of entry.
The 85-year-old justice is “resting comfortably,” and “post-surgery, there was no evidence of any remaining disease,” the court said in a news release.
Even with President Trump’s appointees to the high court, the majority that twice upheld the Affordable Care Act remains in place.
A panel ruled last week that the policy ran around specific language in federal law that allows all who enter the country to apply for asylum.