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K.M. v. Adams

Petition for certiorari denied on June 26, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-840 2nd Cir. N/A N/A N/A N/A OT 2022

Issue: Whether the Individuals with Disabilities Education Act’s requirement that administrative remedies be exhausted before a judicial challenge under the act may be brought is jurisdictional, or rather a claim-processing rule that must be raised as an affirmative defense that may be waived.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 22 2022Application (22A464) to extend the time to file a petition for a writ of certiorari from December 29, 2022 to February 27, 2023, submitted to Justice Sotomayor.
Nov 30 2022Application (22A464) granted by Justice Sotomayor extending the time to file until February 27, 2023.
Feb 27 2023Petition for a writ of certiorari filed. (Response due April 3, 2023)
Mar 06 2023Waiver of right of respondent Austin Independent School District to respond filed.
Mar 07 2023Waiver of right of respondents Middletown Township Public Schools, West Orange Public Schools, Cherry Hill Public Schools and Readington Township Public Schools to respond filed.
Mar 08 2023Waiver of right of respondents Eric L. Adams, David C. Banks, New York City Department of Education to respond filed.
Mar 28 2023Waiver of right of respondent New York State Department of Education to respond filed.
Mar 28 2023Waiver of right of respondent Pennsylvania Department of Education to respond filed.
Mar 31 2023Waiver of Ashford Board of Education, et al. of right to respond not accepted for filing. (March 31, 2023)
Mar 31 2023Waiver of right of respondents Ashford Board of Education, et al. to respond filed.
Mar 31 2023Supplemental brief of petitioners K. M., Individually and on Behalf of M. M. and S. M., et al. filed.
Apr 03 2023Waiver of right of respondents Addison Central School District, et al. to respond filed.
Apr 19 2023DISTRIBUTED for Conference of 5/11/2023.
Apr 20 2023Response Requested. (Due May 22, 2023)
May 22 2023Brief of respondent New York State Department of Education in opposition filed.
May 22 2023Brief of respondents Eric L. Adams, David C. Banks, New York City Department of Education in opposition filed.
May 22 2023Brief of respondent Austin Independent School District in opposition filed.
May 22 2023Brief of respondents Ashford Board of Education, et al. in opposition filed.
May 22 2023Letter from Middletown Township Public Schools, West Orange Public Schools, Cherry Hill Public Schools and Readington Township Public Schools received.
Jun 05 2023Reply of petitioners K. M., Individually and on behalf of M. M. and S. M. filed. (Distributed)
Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
Jun 26 2023Petition DENIED.