Supreme Court of the United States · Official docket →
Thomas Crowther, et al. v. Board of Regents of the University System of Georgia, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-12475, 23-11037 · judgment November 7, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Title IX of the Education Amendments of 1972 prohibits federally funded educational institutions from discriminating "on the basis of sex." In Cannon v. University of Chicago, 441 U.S. 677 (1979), this Court held that Title IX is privately enforceable by "victims of discrimination" through an implied right of action. And in Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005), this Court held that employees of federally funded educational institutions may invoke Title IX's implied private right of action to bring claims for retaliation. Following Jackson, and until the decision below, "every ... circuit[] that has considered whether a teacher may sue under Title IX" for sex discrimination in their employment "has found they may." Pet App. 124a (Rosenbaum, J., dissenting from denial of rehearing en banc). Splitting with eight courts of appeals, the Eleventh Circuit held in the decision below that Title IX "do[es] not embrace a private right of action for employees." Pet. App. 21a. In so holding, the Eleventh Circuit joined pre-Jackson decisions from the Fifth and Seventh Circuits in an 8-3 split. The question presented is: Whether Title IX provides employees of federally funded educational institutions a private right of action to sue for sex discrimination in employment.
Counsel of record
For petitioner
Gregory Jacob Dubinsky
Holwell Shuster & Goldberg, LLP
For respondent
Ronald Clement Machen
Wilmer Cutler Pickering Hale and Dorr LLC
Case
Conference history
Distributed for 4 conferences
Amicus briefs
1 cert-stage · 9 merits
(5 supporting pet./neither, 4 respondent)
Linked docket
25A5
Proceedings
- Aug 24 2026Brief amicus curiae of United States in support of respondents filed.
- Aug 24 2026Brief amici curiae of National School Attorneys Association, et al. filed.
- Aug 24 2026Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Aug 24 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Aug 24 2026Brief amici curiae of West Virginia, et al. filed.
- Aug 17 2026Brief of respondents Board of Regents of the University System of Georgia, et al. filed.
- Jul 17 2026Brief amicus curiae of Constitutional Accountability Center filed.
- Jul 17 2026Brief amicus curiae of National Education Association filed.
- Jul 17 2026Brief amici curiae of National Women's Law Center, et al. filed.
- Jul 17 2026Brief amici curiae of Women's Sports Foundation, et al. filed.
- Jul 17 2026Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed.
- Jul 10 2026Brief of petitioners Thomas Crowther, et al. filed.
- Jun 22 2026Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Jun 02 2026Motion to extend the time to file briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 10, 2026. The time to file respondents' brief on the merits is extended to and including August 17, 2026.
- May 29 2026Motion for an extension of time filed.
- May 29 2026Motion to dispense with printing the joint appendix filed by petitioners Thomas Crowther, et al.
- May 18 2026Petition GRANTED.
- Apr 28 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 27 2026Supplemental brief of petitioners Thomas Crowther, et al. filed. (Distributed)
- Apr 23 2026Supplemental brief of respondents Board of Regents of the University System of Georgia, et al. filed.
- Apr 09 2026Brief amicus curiae of United States filed.
- Dec 08 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Dec 01 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 17 2025DISTRIBUTED for Conference of 11/21/2025.
- Oct 29 2025DISTRIBUTED for Conference of 11/14/2025.
- Oct 27 2025Reply of petitioners Thomas Crowther, et al. filed. (Distributed)
- Oct 15 2025Brief of respondents Board of Regents of the University System of Georgia, et al. in opposition filed.
- Aug 28 2025Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2025, for all respondents.
- Aug 27 2025Motion to extend the time to file a response from September 15, 2025 to October 15, 2025, submitted to The Clerk.
- Aug 06 2025Petition for a writ of certiorari filed. (Response due September 15, 2025)
- Jul 01 2025Application (25A5) granted by Justice Thomas extending the time to file until August 6, 2025.
- Jun 27 2025Application (25A5) to extend the time to file a petition for a writ of certiorari from July 7, 2025 to August 6, 2025, submitted to Justice Thomas.
- May 08 2025Application (24A1076) granted by Justice Thomas extending the time to file until August 6, 2025.
- May 05 2025Application (24A1076) to extend the time to file a petition for a writ of certiorari from July 7, 2025 to August 21, 2025, submitted to Justice Thomas.