Supreme Court of the United States · Official docket →
North Carolina State Health Plan for Teachers and State Employees v. Maxwell Kadel, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1409 · judgment September 1, 2021
Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Section 1003 of the Rehabilitation Act Amendments of 1986 provides that a State “shall not be immune under the Eleventh Amendment . . . from suit in Federal court” for violations of Title VI, Title IX, Section 504 of the Rehabilitation Act, the Age Discrimination Act of 1975, or—in what this Court has referred to as the section’s residual clause—“the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance.” 42 U.S.C. § 2000d-7(a). The question presented is: Whether the residual clause of Section 1003 provides an “unequivocal textual waiver” of sovereign immunity, permitting suits against States under subsequently enacted statutory provisions that refer to neither States nor sovereign immunity?
Counsel of record
For petitioner
John Guyton Knepper Jr.
Law Office of John G. Knepper, LLC
For respondent
Omar Francisco Gonzalez-Pagan
Lambda Legal Defense & Education Fund, Inc.
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 18 2022Petition DENIED.
- Jan 04 2022Reply of petitioner North Carolina State Health Plan for Teachers and State Employees filed. (Distributed)
- Dec 29 2021DISTRIBUTED for Conference of 1/14/2022.
- Dec 27 2021Brief of respondents Maxwell Kadel, et al. in opposition filed. (Distributed)
- Dec 21 2021Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
- Dec 03 2021Motion to extend the time to file a response is granted in part and the time is extended to and including December 27, 2021.
- Dec 02 2021Response to motion from petitioner North Carolina State Health Plan for Teachers and State Employees filed.
- Dec 01 2021Motion to extend the time to file a response from December 6, 2021 to January 20, 2022, submitted to The Clerk.
- Nov 02 2021Petition for a writ of certiorari filed. (Response due December 6, 2021)