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Opinion recap: Saying little on retroactivity – Lyle Denniston

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Fitzgerald, et vir v. Barnstable School Committee, et al.

Docket No. Op. Below Argument Opinion Vote Author Term
07-1125 1st Cir. Dec 2, 2008
Tr.
Jan 21, 2009 9-0 Alito OT 2008
 

Issue: Whether Title IX precludes Section 1983 constitutional claims to remedy sex discrimination in educational settings.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Samuel Alito on January 21, 2009.

SCOTUSblog Coverage

  • Analysis: The problem of claiming too little
  • Argument preview: Did Title IX displace the Constitution?

Briefs and Documents

Merit briefs

  • Brief for Petitioner Lisa Ryan Fitzgerald and Robert Fitzgerald
  • Brief for Respondent Barnstable School Committee and Russell Dever

Amicus briefs

  • Brief of the Pacific Legal Foundation in Support of Petitioner
  • Brief of the National Associaton of Women Lawyers in Support of Petitioner
  • Brief of the American Bar Association in Support of Petitioner
  • Brief of the American Civil Liberties Union and the National Women’s Law Center in Support of Petitioner
  • Brief of the National School Boards Association, the American Council on Education, and the American Association of School Administrators in Support of Respondent

Certiorari-Stage Documents

  • Opinion below (1st Circuit)
  • Petition for certiorari
  • Brief in opposition
  • Petitioner's reply
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  • Recently Decided Cases

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    • Bullock v. BankChampaign, N.A. In bankruptcy, “defalcation” includes culpable state of mind requirement.
    • Dan's City Used Cars, Inc. v. Pelkey State law regulating the sale and disposal of a vehicle that has been towed is not preempted by FAAAA.
    • McBurney v. Young Denying non-residents access to state public records is not unconstitutional.
    • Moncrieffe v. Holder Minor marijuana offenses not automatically deportable offenses
  • This Week at the Court

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  • Major cases of the Term

    • Fisher v. University of Texas at Austin
      Affirmative action
    • Shelby County v. Holder
      Constitutionality of Section 5 of Voting Rights Act
    • Hollingsworth v. Perry
      California's definition of marriage and the Equal Protection Clause
    • United States v. Windsor
      Constitutionality of the Defense of Marriage Act
    • Association for Molecular Pathology v. Myriad Genetics, Inc.
      Are human genes, taken out of the body but not changed, eligible for patenting?
  • See allUpcoming Petitions

      Conference of May 23
    • Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board Constitutionality of copyright judge appointment procedures
    • Rosemond v. United States Elements of aiding and abetting in the use of a firearm
    • Secretary of the Indiana Family and Social Services Administration v. Planned Parenthood of Indiana Denying federal funding to health care providers offering elective abortions
    • United Airlines v. Equal Employment Opportunity Commission Reassignment of disabled employees under the ADA

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