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A. J. T., By and Through Her Parents, A. T. & G. T. v. Osseo Area Schools, Independent School District No. 279, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1399 · judgment March 21, 2024


Decided · June 12, 2025
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.6× 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 an Eighth Circuit decision below, and down for a state or local-government respondent.

Question presented

Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Rehabilitation Act) require public entities and organizations that receive federal funding to provide reasonable accommodations for people with disabilities. In the decision below, the Eighth Circuit held that, for discrimination claims "based on educational services" brought by children with disabilities, these statutes are violated only if school officials acted with ''bad faith or gross misjudgment." App.3a. That test squarely implicates an entrenched and acknowledged 5-2 circuit split over the standard governing such claims. It is also plainly mistaken on the merits: As the Eighth Circuit itself acknowledged, the test lacks "any anchor in statutory text," App.5a n.2, and it arbitrarily departs from the more lenient standards that all courts-including the Eighth Circuit-apply to ADA and Rehabilitation Act claims brought by plaintiffs outside the school setting. The question presented is: Whether the ADA and Rehabilitation Act require children with disabilities to satisfy a uniquely stringent "bad faith or gross misjudgment" standard when seeking relief for discrimination relating to their education.

Counsel of record

For petitioner
Roman Martinez V
Latham & Watkins, LLP

For respondent
Lisa Schiavo Blatt
Williams & Connolly LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 5 merits
(3 supporting pet./neither, 2 respondent)

Argument & decision

Argued April 28, 2025 — Roman Martinez · Lisa S. Blatt. Audio and transcript

Decided June 12, 2025. Opinion by Roberts, C.J..

Proceedings

  1. Aug 05 2025
    Record returned to the United States Court of Appeals for the Eighth Circuit.
  2. Jul 14 2025
    Judgment Issued.
  3. Jun 12 2025
    Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Kavanaugh, J., joined. Sotomayor, J., filed a concurring opinion, in which Jackson, J., joined.
  4. Apr 28 2025
    Argued. For petitioner: Roman Martinez, Washington, D. C.; and Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Lisa S. Blatt, Washington, D. C.
  5. Apr 18 2025
    Reply of petitioner A.J.T. filed. (Distributed)
  6. Apr 17 2025
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  7. Apr 07 2025
    Brief amici curiae of The School Superintendents Association (AASA), et al. filed. (Distributed)
  8. Apr 07 2025
    Brief amici curiae of Tennessee, et al. filed. (Distributed)
  9. Apr 04 2025
    Sealed material from the United States District Court for the District of Minnesota electronically received and available with the Clerk.
  10. Mar 31 2025
    Brief of respondents Osseo Area Schools, et al. filed. (Distributed)
  11. Mar 19 2025
    CIRCULATED
  12. Mar 13 2025
    Motion of the Deputy Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  13. Mar 07 2025
    Record received from the United States Court of Appeals for the Eighth Circuit and available with the Clerk (one box).
  14. Mar 06 2025
    Brief amicus curiae of United States filed.
  15. Mar 06 2025
    Brief amici curiae of Representative Tony Coelho, et al. filed.
  16. Mar 05 2025
    Brief amici curiae of Council of Parent Attorneys and Advocates, et al. filed.
  17. Feb 27 2025
    Record requested from the United States Court of Appeals for the Eighth Circuit.
  18. Feb 27 2025
  19. Feb 27 2025
    Joint appendix (2 volumes) filed. (Statement of costs filed)
  20. Feb 24 2025
    SET FOR ARGUMENT on Monday, April 28, 2025.
  21. Jan 17 2025
    Petition GRANTED.
  22. Jan 16 2025
    Notice of Supplemental Authority of A.J.T. submitted.
  23. Jan 13 2025
    DISTRIBUTED for Conference of 1/17/2025.
  24. Dec 24 2024
    DISTRIBUTED for Conference of 1/10/2025.
  25. Dec 23 2024
    Reply of petitioner A. J. T. filed. (Distributed)
  26. Dec 19 2024
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
  27. Dec 18 2024
    Brief of respondents Osseo Area Schools, et al. in opposition filed.
  28. Oct 25 2024
    Motion to extend the time to file a response is granted in part and the time is extended to and including December 18, 2024.
  29. Oct 24 2024
    Response to motion to extend the time to file a response from petitioner filed.
  30. Oct 23 2024
    Motion to extend the time to file a response from November 18, 2024 to January 17, 2024, submitted to The Clerk.
  31. Oct 17 2024
    Response Requested. (Due November 18, 2024)
  32. Oct 16 2024
    DISTRIBUTED for Conference of 11/1/2024.
  33. Oct 07 2024
    Waiver of right of respondent Osseo Area Schools, et al. to respond filed.
  34. Oct 07 2024
    Supplemental brief of petitioner A. J. T. filed.
  35. Oct 03 2024
    Brief amici curiae of Council of Parent Attorneys and Advocates, et al. filed.
  36. Sep 03 2024
    Petition for a writ of certiorari filed. (Response due October 7, 2024)