Supreme Court of the United States · Official docket →
Jane Cummings v. Premier Rehab Keller, P.L.L.C.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-10169 · judgment January 24, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Title VI of the Civil Rights Act of 1964 prohibits recipients of federal funds from discriminating based on race. Congress has expressly incorporated Title VI's remedies for victims of discrimination into other antidiscrimination laws, including the Rehabilitation Act, 29 U.S.C. § 794a(a)(2), and the Affordable Care Act, 42 U.S.C. § 18116(a). Those remedies include a right to recover "compensatory damages." Barnes v. Gorman, 536 U.S. 181, 187 (2002). The question presented is: Whether the compensatory damages available under Title VI and the statutes that incorporate its remedies include compensation for emotional distress.
Counsel of record
For petitioner
Andrew Rozynski
Eisenberg & Baum, LLP
For respondent
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Case
Conference history
Distributed for 4 conferences
Amicus briefs
1 cert-stage · 9 merits
(5 supporting pet./neither, 4 respondent)
Argument & decision
Argued November 30, 2021 — Andrew Rozynski · Kannon K. Shanmugam. Audio and transcript
Decided April 28, 2022. Opinion by Roberts, C.J..
Proceedings
- Jun 24 2022JUDGMENT ISSUED
- Jun 21 2022Rehearing DENIED.
- May 31 2022DISTRIBUTED for Conference of 6/16/2022.
- May 23 2022Petition for Rehearing filed.
- Apr 28 2022Adjudged 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.
- Nov 30 2021Argued. 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.
- Nov 02 2021Reply of petitioner Jane Cummings filed. (Distributed)
- Oct 29 2021CIRCULATED
- Oct 25 2021Application (21A98) granted by Justice Alito extending the time to file until November 2, 2021.
- Oct 19 2021Application (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 18 2021Motion 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 08 2021The record received from the U.S.D.C. Northern District of Texas is electronic and has been filed electronically.
- Oct 06 2021Brief amici curiae of The States of Texas, et al. filed.
- Oct 06 2021Brief amici curiae of The National Conference of State Legislatures, et al. filed.
- Oct 06 2021Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
- Oct 05 2021The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
- Oct 05 2021Brief amicus curiae of Washington Legal Foundation filed.
- Oct 01 2021Motion 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.
- Sep 29 2021Brief of respondent Premier Rehab Keller, P.L.L.C. filed.
- Sep 27 2021Record requested from the U.S.C.A. 5th Circuit.
- Sep 20 2021SET FOR ARGUMENT on Tuesday, November 30, 2021.
- Sep 10 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Aug 30 2021Brief amici curiae of Disability Organizations filed.
- Aug 30 2021Brief amici curiae of NAACP Legal Defense & Educational Fund Inc., et al. filed.
- Aug 30 2021Brief amici curiae of Law Professors filed.
- Aug 30 2021Brief amicus curiae of United States filed.
- Aug 26 2021Blanket Consent filed by Petitioner, Jane Cummings
- Aug 26 2021Brief amicus curiae of American Association for Justice filed.
- Aug 23 2021Brief of petitioner Jane Cummings filed.
- Aug 17 2021Blanket Consent filed by Respondent, Premier Rehab Keller, P.L.L.C.
- Aug 11 2021Motion to dispense with printing the joint appendix filed by petitioner Jane Cummings.
- Jul 12 2021Motion 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.
- Jul 08 2021Motion for an extension of time filed.
- Jul 02 2021Petition GRANTED.
- Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
- Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
- Jun 07 2021Supplemental brief of respondent Premier Rehab Keller, P.L.L.C. filed. (Distributed)
- May 25 2021Brief amicus curiae of United States filed.
- Nov 02 2020The 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.
- Oct 14 2020DISTRIBUTED for Conference of 10/30/2020.
- Oct 14 2020Reply of petitioner Jane Cummings filed. (Distributed)
- Sep 24 2020Brief of respondent Premier Rehab Keller, P.L.L.C. in opposition filed.
- Aug 21 2020Petition for a writ of certiorari filed. (Response due September 24, 2020)