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Cummings v. Premier Rehab Keller, P.L.L.C.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-219 | 5th Cir. | Nov 30, 2021 | Apr 28, 2022 | 6-3 | Roberts | OT 2021 |
Holding: Emotional distress damages are not recoverable in a private action to enforce either the Rehabilitation Act or the Affordable Care Act.
Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on April 28, 2022. Justice Kavanaugh filed a concurring opinion, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.
SCOTUSblog Coverage
- Court rules against plaintiff seeking emotional distress damages for discrimination (Rachel Bayefsky, April 28, 2022)
- Announcement of opinions for Thursday, April 28 (complete) (Angie Gou, April 28, 2022)
- Justices mull availability of emotional distress damages in anti-discrimination cases (Rachel Bayefsky, December 2, 2021)
- Court to consider emotional distress damages under anti-discrimination laws (Rachel Bayefsky, November 29, 2021)
- Major abortion case set for argument on Dec. 1 (Amy Howe, September 20, 2021)
- Justices add one religious-rights case to docket but turn down another (Amy Howe, July 2, 2021)
- Mopping up final business with 13 new relists (John Elwood, July 1, 2021)
- Justices issue orders from Oct. 30 conference (Amy Howe, November 2, 2020)
- Petitions of the week: A pair of cases on Trump and the emoluments clauses (Andrew Hamm, September 18, 2020)
| Date | Proceedings and Orders |
|---|---|
| Aug 21 2020 | Petition for a writ of certiorari filed. (Response due September 24, 2020) |
| Sep 24 2020 | Brief of respondent Premier Rehab Keller, P.L.L.C. in opposition filed. |
| Oct 14 2020 | DISTRIBUTED for Conference of 10/30/2020. |
| Oct 14 2020 | Reply of petitioner Jane Cummings filed. (Distributed) |
| Nov 02 2020 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition. |
| May 25 2021 | Brief amicus curiae of United States filed. |
| Jun 07 2021 | Supplemental brief of respondent Premier Rehab Keller, P.L.L.C. filed. (Distributed) |
| Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021. |
| Jul 02 2021 | Petition GRANTED. |
| Jul 08 2021 | Motion for an extension of time filed. |
| Jul 12 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 23, 2021. The time to file respondent's brief on the merits is extended to and including September 29, 2021. |
| Aug 11 2021 | Motion to dispense with printing the joint appendix filed by petitioner Jane Cummings. |
| Aug 17 2021 | Blanket Consent filed by Respondent, Premier Rehab Keller, P.L.L.C. |
| Aug 23 2021 | Brief of petitioner Jane Cummings filed. |
| Aug 26 2021 | Blanket Consent filed by Petitioner, Jane Cummings |
| Aug 26 2021 | Brief amicus curiae of American Association for Justice filed. |
| Aug 30 2021 | Brief amici curiae of Disability Organizations filed. |
| Aug 30 2021 | Brief amici curiae of NAACP Legal Defense & Educational Fund Inc., et al. filed. |
| Aug 30 2021 | Brief amici curiae of Law Professors filed. |
| Aug 30 2021 | Brief amicus curiae of United States filed. |
| Sep 10 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Sep 20 2021 | SET FOR ARGUMENT on Tuesday, November 30, 2021. |
| Sep 27 2021 | Record requested from the U.S.C.A. 5th Circuit. |
| Sep 29 2021 | Brief of respondent Premier Rehab Keller, P.L.L.C. filed. |
| Oct 01 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| Oct 05 2021 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer. |
| Oct 05 2021 | Brief amicus curiae of Washington Legal Foundation filed. |
| Oct 06 2021 | Brief amici curiae of The States of Texas, et al. filed. |
| Oct 06 2021 | Brief amici curiae of The National Conference of State Legislatures, et al. filed. |
| Oct 06 2021 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. |
| Oct 08 2021 | The record received from the U.S.D.C. Northern District of Texas is electronic and has been filed electronically. |
| Oct 18 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solictor General, and 35 minutes for respondent. |
| Oct 19 2021 | Application (21A98) to extend the time to file a reply brief on the merits from October 29, 2021 to November 2, 2021, submitted to Justice Alito. |
| Oct 25 2021 | Application (21A98) granted by Justice Alito extending the time to file until November 2, 2021. |
| Oct 29 2021 | CIRCULATED |
| Nov 02 2021 | Reply of petitioner Jane Cummings filed. (Distributed) |
| Nov 30 2021 | Argued. For petitioner: Andrew Rozynski, New York, N. Y.; and Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kannon K. Shanmugam, Washington, D. C. |
| Apr 28 2022 | Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. |
| May 23 2022 | Petition for Rehearing filed. |
| May 31 2022 | DISTRIBUTED for Conference of 6/16/2022. |
| Jun 21 2022 | Rehearing DENIED. |
| Jun 24 2022 | JUDGMENT ISSUED |
