| No. 21-887 | |
| Title: | Miguel Luna Perez, Petitioner v. Sturgis Public Schools, et al. |
| Docketed: | December 15, 2021 |
| Linked with 21A74 | |
| Lower Ct: | United States Court of Appeals for the Sixth Circuit |
| Case Numbers: | (20-1076) |
| Decision Date: | June 25, 2021 |
| Rehearing Denied: | July 29, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 08 2021 | Application (21A74) to extend the time to file a petition for a writ of certiorari from October 27, 2021 to December 13, 2021, submitted to Justice Kavanaugh. |
| Main DocumentProof of Service | |
| Oct 14 2021 | Application (21A74) granted by Justice Kavanaugh extending the time to file until December 13, 2021. |
| Dec 13 2021 | Petition for a writ of certiorari filed. (Response due January 14, 2022) |
| PetitionCertificate of Word CountProof of Service | |
| Jan 04 2022 | Brief amici curiae of Professors Mark C. Weber and Bernard P. Perlmutter filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 12 2022 | Brief amici curiae of Council of Parent Attorneys and Advocates, Inc. and National Federation for the Blind filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 12 2022 | Brief amici curiae of 23 Law Professors filed. |
| Main DocumentOtherProof of ServiceCertificate of Word Count | |
| Jan 26 2022 | DISTRIBUTED for Conference of 2/18/2022. |
| Feb 02 2022 | Response Requested. (Due March 4, 2022) |
| Feb 02 2022 | Motion to extend the time to file a response from March 4, 2022 to April 4, 2022, submitted to The Clerk. |
| Main DocumentProof of Service | |
| Feb 04 2022 | Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2022. |
| Mar 21 2022 | Motion to extend the time to file a response from April 4, 2022 to May 4, 2022, submitted to The Clerk. |
| Main Document | |
| Mar 22 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including May 4, 2022. |
| May 04 2022 | Brief of respondents Sturgis Public Schools, et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 24 2022 | DISTRIBUTED for Conference of 6/9/2022. |
| May 24 2022 | Reply of petitioner Miguel Luna Perez filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 13 2022 | DISTRIBUTED for Conference of 6/16/2022. |
| Jun 21 2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Aug 24 2022 | Brief amicus curiae of United States filed. |
| Main DocumentCertificate of Word Count | |
| Sep 07 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Sep 07 2022 | Supplemental brief of respondents Sturgis Public Schools, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 09 2022 | Supplemental brief of petitioner Miguel Luna Perez filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 03 2022 | Petition GRANTED. |
| Oct 14 2022 | Blanket Consent filed by Petitioner, Miguel Luna Perez |
| Blanket Consent | |
| Oct 14 2022 | Blanket Consent filed by Respondent, Sturgis Public Schools, et al. |
| Blanket Consent | |
| Nov 09 2022 | Brief of petitioner Miguel Luna Perez filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 09 2022 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Nov 10 2022 | SET FOR ARGUMENT on Wednesday, January 18, 2023. |
| Nov 16 2022 | Record requested from the U.S.C.A. 6th Circuit. |
| Nov 16 2022 | Brief amici curiae of Senator Tom Harkin, Representative Tony Coelho, Representative George Miller filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 16 2022 | Brief amici curiae of The ARC of the United States, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 16 2022 | Brief amici curiae of Former U.S. Department of Education Officials filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 16 2022 | Brief amici curiae of Professors filed. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Nov 16 2022 | Brief amici curiae of Advocates for Children of New York, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 16 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| Main DocumentProof of Service | |
| Nov 16 2022 | Amicus brief of United States not accepted for filing. (Brief cover to be corrected and brief reprinted and resubmitted - December 15, 2022) |
| Nov 16 2022 | Brief amicus curiae of United States filed. (Corrected brief filed - November 28, 2022). (Distributed) |
| Main DocumentCertificate of Word Count | |
| Dec 07 2022 | CIRCULATED |
| Dec 09 2022 | Brief of respondents Sturgis Public Schools, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 16 2022 | Brief amici curiae of National School Boards Association, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 16 2022 | Brief amici curiae of AASA, the School Superintendents Association, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 20 2022 | Record received from the U.S.C.A. 6th Circuit. The record was transmitted electronically. |
| Dec 20 2022 | The record from the U.S.D.C. Western District of Michigan is available on PACER. |
| Jan 06 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| Jan 06 2023 | Reply of petitioner Miguel Luna Perez filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 18 2023 | Argued. For petitioner: Roman Martinez, Washington, D. C.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Shay Dvoretzky, Washington, D. C. |
| Mar 21 2023 | Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Roman Martinez V Counsel of Record | Latham & Watkins, LLP 555 Eleventh Street, NW Washington, DC 20004 roman.martinez@lw.com | 202-637-3377 |
| Party name: Miguel Luna Perez | ||
| Attorneys for Respondents | ||
| Shay Dvoretzky Counsel of Record | Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Ave., NW Washington, DC 20005 shay.dvoretzky@skadden.com | 202-371-7370 |
| Party name: Sturgis Public Schools, et al. | ||
| Kenneth Bennett Chapie | Giarmarco, Mullins & Horton, P.C. 101 W. Big Beaver, 10th Floor Troy, MI 48084 kchapie@gmhlaw.com | 248-457-7048 |
| Party name: Sturgis Public Schools, et al. | ||
| Other | ||
| Selene Almazan-Altobelli Counsel of Record | Council of Parent Attorneys and Advocates, Inc. PO Box 6767 Towson, MD 21285 selene@copaa.org | (844) 426-7224 |
| Party name: Council of Parent Attorneys and Advocates, Inc. and National Federation for the Blind | ||
| Christopher Blewer Gilbert Counsel of Record | Thompson & Horton LLP 3200 Southwest Freeway Suite 2000 Houston, TX 77027 cgilbert@thompsonhorton.com | 8328681663 |
| Party name: School Superintendents Association, the Council of Administrators for Special Education, the American Physical Therapy Association, the Association of School Business Officials International, the National Association of Pupil Services Administrators, and the National Association of School Nurses | ||
| Christopher Blewer Gilbert Counsel of Record | Thompson & Horton LLP 3200 Southwest Freeway Suite 2000 Houston, TX 77027 cgilbert@thompsonhorton.com | (713) 554-6744 |
| Party name: AASA, the School Superintendents Association, the Council of Administrators for Special Education, the American Physical Therapy Association, the Association of School Business Officials International, the National Association of Pupil Services Administrators, and the National Association of School Nurses | ||
| Christopher Blewer Gilbert Counsel of Record | Thompson & Horton LLP 3200 Southwest Freeway Suite 2000 Houston, TX 77027 cgilbert@thompsonhorton.com | 8328681663 |
| Party name: AASA, the School Superintendents Association, et al. | ||
| Jeffrey Scott Ginsberg Counsel of Record | Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 jginsberg@pbwt.com | 212-336-2000 |
| Party name: Advocates for Children of New York and New York Legal Assistance Group | ||
| Sarah Marie Konsky Counsel of Record | Jenner & Block Supreme Court and Appellate Clinic University of Chicago Law School 1111 E. 60th Street Chicago, IL 60637 konsky@uchicago.edu | 773-834-3190 |
| Party name: Senator Tom Harkin, Representative Tony Coelho, Representative George Miller | ||
| Francisco Maria Negron Jr. Counsel of Record | National School Boards Association 1680 Duke St. Alexandria, VA 22314 fnegron@nsba.org | 7038386722 |
| Party name: National School Boards Association | ||
| Aaron M. Panner Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. 1615 M Street, NW Suite 400 Washington, DC 20036-3209 apanner@kellogghansen.com | 2023267921 |
| Party name: Former U.S. Department of Education Officials | ||
| Elizabeth B. Prelogar | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 | 202-514-2217 |
| Party name: United States | ||
| Leslie Salzman Counsel of Record | Cardozo Bet Tzedek legal Serv. 55 Fifth Avenue - 11th Floor New York, NY 10003 salzman@yu.edu | 646-592-6570 |
| Party name: Professors | ||
| Leslie Salzman Counsel of Record | Cardozo Bet Tzedek legal Serv. 55 Fifth Avenue - 11th Floor New York, NY 10003 salzman@yu.edu | 646-592-6570 |
| Party name: 23 Law Professors | ||
| Brian Wolfman Counsel of Record | Georgetown Law Appellate Courts Immersion Clinic 600 New Jersey Avenue, NW, Suite 312 Washington, DC 20001 wolfmanb@georgetown.edu | 2026616582 |
| Party name: Mark C. Weber; Bernard P. Perlmutter | ||