Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 17 Conference; we do not expect the Justices to issue any decisions on the merits.

University of Texas Southwestern Medical Center v. Nassar

Docket No. Op. Below Argument Opinion Vote Author Term
12-484 5th Cir. Apr 24, 2013
Tr.Aud.
Jun 24, 2013 5-4 Kennedy OT 2012

Holding: Employee retaliation claims filed under Title VII of the Civil Rights Act of 1964 must be proved according to traditional principles of but-for causation, not the lessened causation test stated in the 42 U.S.C. § 2000e–2(m).

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Kennedy on June 24, 2013. Justice Ginsburg filed a dissenting opinion in which Justice Breyer, Justice Sotomayor, and Justice Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 17 2012Petition for a writ of certiorari filed. (Response due November 19, 2012)
Nov 5 2012Order extending time to file response to petition to and including December 18, 2012.
Nov 19 2012Brief amici curiae of Equal Employment Advisory Council, et al. filed.
Dec 18 2012Brief of respondent Naiel Nassar in opposition filed.
Dec 26 2012DISTRIBUTED for Conference of January 11, 2013.
Dec 26 2012Reply of petitioner University of Texas Southwestern Medical Center filed. (Distributed)
Jan 14 2013DISTRIBUTED for Conference of January 18, 2013.
Jan 18 2013Petition GRANTED.
Feb 11 2013SET FOR ARGUMENT ON Wednesday, April 24, 2013
Feb 26 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 28 2013Record from U.S.D.C. for Northern District of Texas is electronic.
Mar 4 2013Joint appendix filed. (Statement of costs filed.) (Distributed)
Mar 4 2013Brief of petitioner University of Texas Southwestern Medical Center filed. (Distributed)
Mar 4 2013Record from U.S.C.A. for 5th Circuit is electronic.
Mar 8 2013CIRCULATED.
Mar 8 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Mar 11 2013Brief amici curiae of Chamber of Commerce of the United States of America and the Retail Litigation Center filed. (Distributed)
Mar 11 2013Brief amici curiae of Equal Employment Advisory Council, et al. filed. (Distributed)
Mar 11 2013Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)
Mar 11 2013Brief amici curiae of American Council on Education, et al. filed. (Distributed)
Mar 11 2013Brief amici curiae of Michigan, et al. filed. (Distributed)
Mar 11 2013Brief amicus curiae of New England Legal Foundation filed. (Distributed)
Mar 11 2013Brief amicus curiae of National School Boards Association filed. (Distributed)
Mar 15 2013Consent to filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Naiel Nassar.
Apr 3 2013Brief amici curiae of Washington Lawyers Committee for Civil Rights and Urban Affairs, et al. filed. (Distributed)
Apr 3 2013Brief of respondent Naiel Nassar filed. (Distributed)
Apr 10 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 10 2013Brief amici curiae of American-Arab Anti-Discrimination Committee, et al. filed. (Distributed)
Apr 10 2013Brief amicus curiae of United States filed. (Distributed)
Apr 10 2013Brief amici curiae of Foundation for Individual Rights in Education, et al. filed. (Distributed)
Apr 10 2013Brief amici curiae of Committee of Interns and Residents SEIU, et al. filed. (Distributed)
Apr 10 2013Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed. (Distributed)
Apr 10 2013Brief amicus curiae of American Association of University Professors filed. (Distributed)
Apr 10 2013Brief amici curiae of Employment Law Professors filed. (Distributed).
Apr 10 2013Brief amici curiae of National Employment Lawyers Association, et al. filed. (Distributed)
Apr 10 2013Brief amicus curiae of National Education Association filed. (Distributed)
Apr 12 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 17 2013Reply of petitioner University of Texas Southwestern Medical Center filed. (Distributed)
Apr 24 2013Argued. For petitioner: Daryl L. Joseffer, Washington, D. C. For respondent: Brian P. Lauten, Dallas, Tex.; and Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 24 2013Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
Jul 26 2013JUDGMENT ISSUED.
 
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