No. 21-674

North Carolina State Health Plan for Teachers and State Employees v. Maxwell Kadel, et al.

Lower Court: Fourth Circuit
Docketed: 2021-11-05
Status: Denied
Type: Paid
Experienced Counsel
Tags: 11th-amendment civil-rights discrimination-waiver eleventh-amendment federal-financial-assistance rehabilitation-act sovereign-immunity statutory-interpretation
Key Terms:
SocialSecurity Privacy
Latest Conference: 2022-01-14
Question Presented (AI Summary)

Whether the residual clause of Section 1003 provides an 'unequivocal textual waiver' of sovereign immunity, permitting suits against States under subsequently enacted statutory provisions that refer to neither States nor sovereign immunity

Question Presented (OCR Extract)

QUESTION PRESENTED Section 1003 of the Rehabilitation Act Amendments of 1986 provides that a State “shall not be immune under the Eleventh Amendment ... from suit in Federal court” for violations of Title VI, Title IX, Section 504 of the Rehabilitation Act, the Age Discrimination Act of 1975, or—in what this Court has referred to as the section’s residual clause—‘“the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance.” 42 U.S.C. § 2000d-7(a). The question presented is: Whether the residual clause of Section 1003 provides an “unequivocal textual waiver’ of sovereign immunity, permitting suits against States under subsequently enacted statutory provisions that refer to neither States nor sovereign immunity?

Docket Entries

2022-01-18
Petition DENIED.
2022-01-04
Reply of petitioner North Carolina State Health Plan for Teachers and State Employees filed. (Distributed)
2021-12-29
DISTRIBUTED for Conference of 1/14/2022.
2021-12-27
Brief of respondents Maxwell Kadel, et al. in opposition filed. (Distributed)
2021-12-21
Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
2021-12-03
Motion to extend the time to file a response is granted in part and the time is extended to and including December 27, 2021.
2021-12-02
Response to motion from petitioner North Carolina State Health Plan for Teachers and State Employees filed.
2021-12-01
Motion to extend the time to file a response from December 6, 2021 to January 20, 2022, submitted to The Clerk.
2021-11-02
Petition for a writ of certiorari filed. (Response due December 6, 2021)

Attorneys

Maxwell Kadel, et al.
Omar Francisco Gonzalez-PaganLambda Legal Defense & Education Fund, Inc., Respondent
Omar Francisco Gonzalez-PaganLambda Legal Defense & Education Fund, Inc., Respondent
North Carolina State Health Plan for Teachers and State Employees
John Guyton Knepper Jr.Law Office of John G. Knepper, LLC, Petitioner
John Guyton Knepper Jr.Law Office of John G. Knepper, LLC, Petitioner