Supreme Court Report

Supreme Court of the United States · Official docket →

Rita C. Simpson-Vlach, et vir, on Behalf of A. S. and M. S., et al. v. Michigan Department of Education, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1724 · judgment May 10, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Disabled students, unlike non-disabled students, are unable to be educated remotely. Did the Petitioners, disabled students and their parents, allege an injury-in-fact sufficient to confer standing to challenge the denial of their statutorily protected right to an education by the Department of Education and various school districts when the latter transitioned to remote learning without complying with the procedural requirements of the IDEA?

  2. Are Petitioners’ claims for prospective relief moot despite the continuing likelihood of future school closures?

Counsel of record

For petitioner
Rory J. Bellantoni
Brain Injury Rights Group, Ltd.

For respondent
Richard J. Landau
RJ Landau Partners PLLC

Case

Conference history
Distributed for 1 conference

Linked docket
23A207

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 31 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 30 2024
    Reply of petitioners Rita C. Simpson-Vlach, et al. filed. (Distributed)
  4. Jan 16 2024
    Brief of respondents Washtenaw Intermediate School District, et al. filed.
  5. Dec 06 2023
    Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2024. See Rule 30.1.
  6. Nov 30 2023
    Waiver of right of respondents Ann Arbor Public Schools, Dr. Jeanice Kerr Swift and Dr. Marianne Fidishin to respond filed.
  7. Nov 30 2023
    Motion of respondent Washtenaw Intermediate School District to extend the time to file a response from December 14, 2023 to January 15, 2024, submitted to The Clerk.
  8. Nov 29 2023
    Waiver of right of respondents Mich Dep’t of Educ and Dr. Michael Rice to respond filed.
  9. Nov 09 2023
    Petition for a writ of certiorari filed. (Response due December 14, 2023)
  10. Sep 05 2023
    Application (23A207) granted by Justice Kavanaugh extending the time to file until November 9, 2023.
  11. Aug 29 2023
    Application (23A207) to extend the time to file a petition for a writ of certiorari from September 10, 2023 to November 9, 2023, submitted to Justice Kavanaugh.