Endrew F. v. Douglas County School District

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Endrew F. v. Douglas County School District

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

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Conference of March 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-827	10th Cir.	Jan 11, 2017 Tr.Aud.	Mar 22, 2017	8-0	Roberts	OT 2016

Holding: To meet its substantive obligation under the Individuals with Disabilities Education Act, a school must offer an "individualized education program" reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances.

Judgment: Vacated and remanded, 8-0, in an opinion by Chief Justice Roberts on March 22, 2017.

Opinion analysis: Court’s decision rejecting low bar for students with disabilities, under the spotlight (Amy Howe)
Argument analysis: Justices grapple with proper standard for measuring educational benefits for children with disabilities (Amy Howe)
Argument preview: What level of educational benefit is “appropriate” for children with disabilities? (Amy Howe)
Justices add eight new cases to docket for upcoming term (Amy Howe)
Today’s orders: One new grant, one CVSG, two summary reversals (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Dec 22 2015	Petition for a writ of certiorari filed. (Response due January 25, 2016)
Jan 25 2016	Brief amici curiae of Autism Speaks and The Public Interest Law Center filed.
Feb 10 2016	DISTRIBUTED for Conference of February 26, 2016.
Feb 22 2016	Response Requested.(Due March 23, 2016)
Mar 09 2016	Order extending time to file response to petition to and including April 15, 2016.
Apr 15 2016	Brief of respondent Douglas County School District RE-1 in opposition filed.
May 02 2016	Reply of petitioner Endrew F., a Minor, By and Through His Parents and Next Friends, Joseph F. and Jennifer F. filed.
May 03 2016	DISTRIBUTED for Conference of May 19, 2016.
May 23 2016	DISTRIBUTED for Conference of May 26, 2016.
May 31 2016	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 18 2016	Brief amicus curiae of United States filed.
Sep 06 2016	Supplemental brief of respondent Douglas County School District RE-1 filed.
Sep 07 2016	DISTRIBUTED for Conference of September 26, 2016.
Sep 29 2016	Petition GRANTED.
Nov 08 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Nov 14 2016	Brief of petitioner Endrew F., a Minor, By and Through His Parents and Next Friends, Joseph F. and Jennifer F. filed.
Nov 14 2016	Joint appendix filed. (Statement of costs filed.)
Nov 14 2016	Supplemental Joint appendix filed.
Nov 15 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Nov 17 2016	Brief amicus curiae of National Association of State Directors of Special Education, in support of neither party filed.
Nov 21 2016	Brief amicus curiae of United States filed.
Nov 21 2016	Brief amici curiae of 118 Members of Congress filed.
Nov 21 2016	Brief amici curiae of Advocates for Children of New York, et al. filed.
Nov 21 2016	Brief amici curiae of Former Officials of the U.S. Department of Education filed.
Nov 21 2016	Brief amici curiae of National Disability Rights Network, et al. filed.
Nov 21 2016	Brief amici curiae of Disability Rights Organizations, et al. filed.
Nov 21 2016	Brief amicus curiae of National Education Association filed.
Nov 21 2016	Brief amici curiae of Council of Parent Attorneys and Advocates, et al. filed.
Nov 21 2016	Brief amici curiae of Coalition of Texans with Disabilities, et al. filed.
Nov 21 2016	Brief amici curiae of Delaware, et al. filed.
Nov 21 2016	Brief amici curiae of National Center for Special Education in Charter Schools, et al. filed.
Dec 05 2016	SET FOR ARGUMENT on Wednesday, January 11, 2017.
Dec 07 2016	Record requested from the U.S.C.A. 10th Circuit.
Dec 07 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 09 2016	Record received from the U.S.C.A. 10th Circuit. The record is located on PACER, with the exception of the pleadings enclosed in one box.
Dec 12 2016	CIRCULATED.
Dec 14 2016	Brief of respondent Douglas County School District RE-1 filed. (Distributed)
Dec 21 2016	Brief amicus curiae of Council of the Great City Schools filed. (Distributed)
Dec 21 2016	Brief amici curiae of AASA, The School Superintendents Association, et al. filed. (Distributed)
Dec 21 2016	Brief amici curiae of Colorado State Board of Education and Colorado Department of Education filed. (Distributed)
Dec 21 2016	Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
Dec 28 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 30 2016	Reply of petitioner Endrew F., a Minor, By and Through His Parents and Next Friends, Joseph F. and Jennifer F. filed. (Distributed)
Jan 11 2017	Argued. For petitioners Jeffrey L. Fisher, Stanford, Cal.; and Irv Gornstein, Counselor to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Neal K. Katyal, Washington, D. C.
Mar 22 2017	Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
Apr 24 2017	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann
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This Week at the Court
The Supreme Court will release orders from the March 22 conference on Monday at 9:30 a.m.; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices hear oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. and The Dutra Group v. Batterton.
On Tuesday, the justices hear oral argument in Rucho v. Common Cause and Lamone v. Benisek.
On Wednesday, the justices hear oral argument in Kisor v. Wilkie.
On Friday, the justices meet for their March 29 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)
Opinions

27
KISOR V. WILKIE (18-15)
Opinions

29
Conference