Supreme Court of the United States · Official docket →
K. M., Individually and on Behalf of M. M. and S. M., et al. v. Eric L. Adams, Mayor of the City of New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-4128 · judgment August 31, 2022
Certiorari denied · June 26, 2023
Pre-decision estimate: 10% cert probability (95% interval 7%–15%)
Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.
Question presented
- The Individuals with Disabilities Education Act (“IDEA”) requires, with certain exceptions, the exhaustion of administrative remedies before a judicial challenge under the Act may be brought. Is this exhaustion requirement jurisdictional, or rather, is it a claim-processing rule that must be raised as an affirmative defense that may be waived?
Counsel of record
For petitioner
Melissa Arbus Sherry
Latham & Watkins LLP
For respondent
Jonathan Griffin Brush
Rogers, Morris & Grover, L.L.P.
Proceedings
- Jun 26 2023Petition DENIED.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 05 2023Reply of petitioners K. M., Individually and on behalf of M. M. and S. M. filed. (Distributed)
- 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.
- Apr 20 2023Response Requested. (Due May 22, 2023)
- Apr 19 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 03 2023Waiver of right of respondents Addison Central School District, et al. 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.
- 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 08 2023Waiver of right of respondents Eric L. Adams, David C. Banks, New York City Department of Education 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 06 2023Waiver of right of respondent Austin Independent School District to respond filed.
- Feb 27 2023Petition for a writ of certiorari filed. (Response due April 3, 2023)
- Nov 30 2022Application (22A464) granted by Justice Sotomayor extending the time to file until February 27, 2023.
- 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.