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Michigan State University, et al. v. Sophia Balow, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-1183 · judgment February 1, 2022
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any educational program or activity that receives federal financial assistance. 20 U.S.C. § 1681(a). Regulations implementing Title IX require that recipients of such assistance “shall provide equal athletic opportunity for members of both sexes.” 34 C.F.R. § 106.41(c). An interpretative guidance issued in 1979, following notice and comment, clarifies this equal-opportunity mandate and establishes a safe harbor where “intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments.” 44 Fed. Reg. 71,413, 71,418 (Dec. 11, 1979). Compliance with this safe harbor is critical to virtually every school that operates an intercollegiate athletics program. The question presented—on which there is an acknowledged circuit split—is whether, in determining compliance with Title IX and the substantial proportionality rule, the athletic participation gap between male and female students must be assessed in raw numerical terms, or, instead, may be assessed as a percentage figure.
Counsel of record
For petitioner
Gregory George Garre
Latham & Watkins LLP
For respondent
Lori Ann Bullock
Bailey & Glasser LLP
Proceedings
- Dec 12 2022Petition DENIED.
- Nov 22 2022DISTRIBUTED for Conference of 12/9/2022.
- Nov 22 2022Reply of petitioners Michigan State University, et al. filed. (Distributed)
- Nov 16 2022Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed by petitioners.
- Nov 11 2022Brief of respondents Sophia Balow, et al. in opposition filed.
- Nov 03 2022Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2022. See Rule 30.1.
- Nov 02 2022Motion to extend the time to file a response from November 7, 2022 to November 11, 2022, submitted to The Clerk.
- Oct 07 2022Response Requested. (Due November 7, 2022)
- Oct 05 2022DISTRIBUTED for Conference of 10/28/2022.
- Oct 03 2022Waiver of right of respondent Sophia Balow, et al. to respond filed.
- Aug 31 2022Brief amici curiae of University of Michigan, et al. filed.
- Aug 31 2022Brief amici curiae of Ohio, et al. filed.
- Aug 23 2022Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2022.
- Aug 18 2022Motion to extend the time to file a response from August 31, 2022 to September 30, 2022, submitted to The Clerk.
- Jul 29 2022Petition for a writ of certiorari filed. (Response due August 31, 2022)
- Jun 21 2022Application (21A826) granted by Justice Kavanaugh extending the time to file until July 29, 2022.
- Jun 10 2022Application (21A826) to extend the time to file a petition for a writ of certiorari from June 29, 2022 to July 29, 2022, submitted to Justice Kavanaugh.