|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-497||6th Cir.||Oct 31, 2016||Feb 22, 2017||8-0||Kagan||OT 2016|
Holding: (1) Exhaustion of the administrative procedures established by the Individuals with Disabilities Education Act is unnecessary when the gravamen of the plaintiff's suit is something other than the denial of the IDEA's core guarantee of a "free appropriate public education"; and (2) the case is remanded to the U.S. Court of Appeals for the 6th Circuit for a proper analysis of whether the gravamen of E.F.'s complaint -- which alleges only disability-based discrimination, without making any reference to the adequacy of the special-education services E.F.'s school provided -- charges, and seeks relief for, the denial of a FAPE.
Judgment: Vacated and remanded, 8-0, in an opinion by Justice Kagan on February 22, 2017. Justice Alito filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined.
|Date||Proceedings and Orders |
|Oct 15 2015||Petition for a writ of certiorari filed. (Response due November 18, 2015)|
|Nov 5 2015||Order extending time to file response to petition to and including December 18, 2015.|
|Dec 18 2015||Brief of respondents Napoleon Community Schools, et al. in opposition filed.|
|Dec 23 2015||Reply of petitioners Stacy Fry, et vir, as next friends of minor E. F. filed.|
|Dec 30 2015||DISTRIBUTED for Conference of January 15, 2016.|
|Jan 19 2016||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|May 20 2016||Brief amicus curiae of United States filed.|
|May 31 2016||Supplemental brief of respondents Napoleon Community Schools, et al. filed.|
|May 31 2016||Supplemental brief of petitioners Stacy Fry, et vir, as next friends of minor E. F. filed.|
|Jun 7 2016||DISTRIBUTED for Conference of June 23, 2016.|
|Jun 27 2016||DISTRIBUTED for Conference of June 27, 2016.|
|Jun 28 2016||Petition GRANTED.|
|Jul 27 2016||The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 22, 2016.|
|Jul 27 2016||The time to file respondents' brief on the merits is extended to and including September 30, 2016.|
|Aug 2 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.|
|Aug 2 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, from counsel for the petitioners.|
|Aug 22 2016||Joint appendix filed.|
|Aug 22 2016||Brief of petitioners Stacy Fry, et vir, as Next Friends of Minor E. F. filed.|
|Aug 26 2016||Brief amici curiae of Psychiatric Service Dog Partners, Inc., et al. filed.|
|Aug 29 2016||Brief amicus curiae of United States filed.|
|Aug 29 2016||Brief amici curiae of National Disability Rights Network, et al. filed.|
|Aug 29 2016||Brief amici curiae of Professor Thomas Hehir, et al. filed.|
|Aug 29 2016||Brief amici curiae of Council of Parent Attorneys and Advocates, et al. filed.|
|Aug 29 2016||Brief amicus curiae of Hon. Lowell P. Weicker, Jr. filed.|
|Aug 29 2016||Brief amici curiae of Illinois and Minnesota filed.|
|Aug 29 2016||Brief amicus curiae of Autism Speaks filed.|
|Sep 2 2016||SET FOR ARGUMENT On Monday, October 31, 2016|
|Sep 9 2016||Record has been requested from the U.S.C.A. 6th Circuit.|
|Sep 20 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Sep 28 2016||CIRCULATED|
|Sep 30 2016||Brief of respondents Napoleon Community Schools, et al. filed. (Distributed)|
|Oct 7 2016||Brief amici curiae of National School Boards Association, et al. filed. (Distributed)|
|Oct 17 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 20 2016||Reply of petitioners Stacy Fry, et vir, as Next Friends of Minor E. F. filed. (Distributed)|
|Oct 31 2016||Argued. For petitioners: Samuel R. Bagenstos, Ann Arbor, Mich.; and Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Neal K. Katyal, Washington, D. C.|
|Feb 22 2017||Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined.|
|Mar 27 2017||JUDGMENT ISSUED.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050