Cummings v. Premier Rehab Keller, P.L.L.C.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-219 | 5th Cir. | Nov 30, 2021 | Apr 28, 2022 | 6-3 | Roberts | OT 2021 |
Holding: Emotional distress damages are not recoverable in a private action to enforce either the Rehabilitation Act or the Affordable Care Act.
Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on April 28, 2022. Justice Kavanaugh filed a concurring opinion, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.
SCOTUSblog Coverage
- Announcement of opinions for Thursday, April 28 (complete) (Angie Gou, April 28, 2022)
- Court rules against plaintiff seeking emotional distress damages for discrimination (Rachel Bayefsky, April 28, 2022)
- Justices mull availability of emotional distress damages in anti-discrimination cases (Rachel Bayefsky, December 2, 2021)
- Court to consider emotional distress damages under anti-discrimination laws (Rachel Bayefsky, November 29, 2021)
- Major abortion case set for argument on Dec. 1 (Amy Howe, September 20, 2021)
- Justices add one religious-rights case to docket but turn down another (Amy Howe, July 2, 2021)
- Mopping up final business with 13 new relists (John Elwood, July 1, 2021)
- Justices issue orders from Oct. 30 conference (Amy Howe, November 2, 2020)
- Petitions of the week: A pair of cases on Trump and the emoluments clauses (Andrew Hamm, September 18, 2020)
| Date | Proceedings and Orders |
|---|---|
| 08/21/2020 | Petition for a writ of certiorari filed. (Response due September 24, 2020) |
| 09/24/2020 | Brief of respondent Premier Rehab Keller, P.L.L.C. in opposition filed. |
| 10/14/2020 | DISTRIBUTED for Conference of 10/30/2020. |
| 10/14/2020 | Reply of petitioner Jane Cummings filed. (Distributed) |
| 11/02/2020 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition. |
| 05/25/2021 | Brief amicus curiae of United States filed. |
| 06/07/2021 | Supplemental brief of respondent Premier Rehab Keller, P.L.L.C. filed. (Distributed) |
| 06/08/2021 | DISTRIBUTED for Conference of 6/24/2021. |
| 07/01/2021 | DISTRIBUTED for Conference of 7/1/2021. |
| 07/02/2021 | Petition GRANTED. |
| 07/08/2021 | Motion for an extension of time filed. |
| 07/12/2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 23, 2021. The time to file respondent's brief on the merits is extended to and including September 29, 2021. |
| 08/11/2021 | Motion to dispense with printing the joint appendix filed by petitioner Jane Cummings. |
| 08/17/2021 | Blanket Consent filed by Respondent, Premier Rehab Keller, P.L.L.C. |
| 08/23/2021 | Brief of petitioner Jane Cummings filed. |
| 08/26/2021 | Blanket Consent filed by Petitioner, Jane Cummings |
| 08/26/2021 | Brief amicus curiae of American Association for Justice filed. |
| 08/30/2021 | Brief amici curiae of Disability Organizations filed. |
| 08/30/2021 | Brief amici curiae of NAACP Legal Defense & Educational Fund Inc., et al. filed. |
| 08/30/2021 | Brief amici curiae of Law Professors filed. |
| 08/30/2021 | Brief amicus curiae of United States filed. |
| 09/10/2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 09/20/2021 | SET FOR ARGUMENT on Tuesday, November 30, 2021. |
| 09/27/2021 | Record requested from the U.S.C.A. 5th Circuit. |
| 09/29/2021 | Brief of respondent Premier Rehab Keller, P.L.L.C. filed. |
| 10/01/2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| 10/05/2021 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer. |
| 10/05/2021 | Brief amicus curiae of Washington Legal Foundation filed. |
| 10/06/2021 | Brief amici curiae of The States of Texas, et al. filed. |
| 10/06/2021 | Brief amici curiae of The National Conference of State Legislatures, et al. filed. |
| 10/06/2021 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. |
| 10/08/2021 | The record received from the U.S.D.C. Northern District of Texas is electronic and has been filed electronically. |
| 10/18/2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solictor General, and 35 minutes for respondent. |
| 10/19/2021 | Application (21A98) to extend the time to file a reply brief on the merits from October 29, 2021 to November 2, 2021, submitted to Justice Alito. |
| 10/25/2021 | Application (21A98) granted by Justice Alito extending the time to file until November 2, 2021. |
| 10/29/2021 | CIRCULATED |
| 11/02/2021 | Reply of petitioner Jane Cummings filed. (Distributed) |
| 11/30/2021 | Argued. For petitioner: Andrew Rozynski, New York, N. Y.; and Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kannon K. Shanmugam, Washington, D. C. |
| 04/28/2022 | Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. |
| 05/23/2022 | Petition for Rehearing filed. |
| 05/31/2022 | DISTRIBUTED for Conference of 6/16/2022. |
| 06/21/2022 | Rehearing DENIED. |
| 06/24/2022 | JUDGMENT ISSUED |