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Disability Rights New York v. New York State Department of Health, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 24-725, 24-728 · judgment August 13, 2025


Certiorari denied · March 9, 2026
Pre-decision estimate: 1% cert probability

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

Question presented

Whether DRNY, as a Protection & Advocacy System authorized by Congress to bring lawsuits in its own name on behalf of individuals with disabilities pursuant to the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15041 et seq., the Protection and Advocacy for Individuals with Mental Illness Act of 1986, 42 U.S.C. § 10801 et seq., and the Protection and Advocacy of Individual Rights Act, 29 U.S.C. § 794e, has Article III standing to bring a case or controversy on behalf of injured individual(s) with disabilities?

Counsel of record

For petitioner
Jennifer Joanne Monthie
Disability Rights New York

For respondent
Barbara Dale Underwood
New York Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 09 2026
    Petition DENIED.
  2. Feb 18 2026
    DISTRIBUTED for Conference of 3/6/2026.
  3. Feb 12 2026
    Waiver of right of respondent NY State Dept. of Health, et al., to respond filed.
  4. Jan 12 2026
    Petition for a writ of certiorari filed. (Response due February 17, 2026)