Today the US Supreme Court will hear arguments in Case No. 24-872. John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith and Case No. 24-345. FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al. Case No. 24-872 concerns whether the United States District Court for the Southern District of Alabama's judgment that Joseph Clifton Smith is ineligible for the death penalty due to intellectual disability. The questions presented are: 1) Whether Hall and Moore mandate that courts deem the intellectual-functioning prong satisfied when an offender's lowest IQ score, decreased by one standard error of measurement, is 70 or below. and 2) Whether the Court should overrule Hall and Moore or at least clarify that they permit courts to consider multiple IQ scores and the probability that an offender's IQ does not fall at the bottom of the lowest IQ score's error range. Case No. 24-345 concerns whether Section 47(b) of the ICA, 15 U.S.C. 80a-46 (b), creates an implied private right of action. At issue is whether Section 47(b) creates a private right of action, such that private investors can sue funds directly for contractual rescission. The government's brief contends that Section 47(b) lacks rights-creating language in contrast to other 1940 Act provisions, which expressly create private rights of action.