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Muldrow v. City of St. Louis, Missouri

Docket No. Op. Below Argument Opinion Vote Author Term
22-193 8th Cir. Dec 6, 2023 Apr 17, 2024 9-0 Kagan OT 2023

Holding: An employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on April 17, 2024. Justices Thomas, Alito, and Kavanaugh each filed an opinion concurring in the judgment.

DateProceedings and Orders (key to color coding)
06/15/2022Application (21A835) to extend the time to file a petition for a writ of certiorari from July 3, 2022 to September 1, 2022, submitted to Justice Kavanaugh.
06/21/2022Application (21A835) granted by Justice Kavanaugh extending the time to file until September 1, 2022.
08/29/2022Petition for a writ of certiorari filed. (Response due September 30, 2022)
09/28/2022Waiver of right of respondent City of St. Louis, et al. to respond filed.
09/30/2022Brief amicus curiae of National Employment Lawyers Association filed.
09/30/2022Brief amicus curiae of Constitutional Accountability Center filed.
10/05/2022DISTRIBUTED for Conference of 10/28/2022.
10/11/2022Response Requested. (Due November 10, 2022)
10/31/2022Motion to extend the time to file a response from November 10, 2022 to December 12, 2022, submitted to The Clerk.
11/01/2022Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2022.
12/12/2022Brief of respondents City of St. Louis, Missouri, et al. in opposition filed.
12/19/2022Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
12/20/2022Reply of petitioner Jatonya Clayborn Muldrow filed. (Distributed)
12/21/2022DISTRIBUTED for Conference of 1/6/2023.
01/09/2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/18/2023Brief amicus curiae of United States filed.
06/01/2023Supplemental brief of respondents City of St. Louis, Missouri, et al. filed.
06/06/2023DISTRIBUTED for Conference of 6/22/2023.
06/29/2023DISTRIBUTED for Conference of 6/29/2023.
06/30/2023Petition GRANTED limited to the following question: Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage?
07/07/2023Motion for an extension of time within which to file the briefs on the merits filed.
07/19/2023Motion 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 28, 2023. The time to file respondents' brief on the merits is extended to and including October 11, 2023.
08/28/2023Brief of petitioner Jatonya Clayborn Muldrow filed.
08/28/2023Joint appendix filed. (Statement of costs filed)
08/31/2023Brief amici curiae of Professor Suja A. Thomas, et al. filed.
09/01/2023Brief amici curiae of The National Employment Lawyers Association, et al. filed.
09/01/2023Brief amici curiae of The Legal Aid Society and The National Employment Law Project filed.
09/05/2023Brief amicus curiae of United States filed.
09/05/2023Brief amici curiae of District of Columbia, et al. in support of neither party filed.
09/05/2023Brief amici curiae of Constitutional Accountability Center, et al. filed.
09/05/2023Brief amicus curiae of National Treasury Employees Union filed.
10/11/2023Brief of respondent City of St. Louis filed.
10/12/2023SET FOR ARGUMENT on Wednesday, December 6, 2023.
10/12/2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/17/2023Record requested from the United States Court of Appeals for the Eighth Circuit.
10/18/2023Brief amicus curiae of The Society for Human Resource Management filed. (Distributed)
10/18/2023Brief amici curiae of National School Boards Association, AASA, The Superintendents Association, and Association of School Business Officials International filed. (Distributed)
10/18/2023Brief amici curiae of Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center, Inc., Restaurant Law Center, Inc., and National Retail Federation filed. (Distributed)
10/18/2023Brief amici curiae of State of Arkansas, et al. filed. (Distributed)
10/18/2023Brief amici curiae of Local Government Legal Center, National Association of Counties, National League of Cities, and International Municipal Lawyers Association filed. (Distributed)
10/19/2023CIRCULATED
10/30/2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/09/2023Reply of petitioner Jatonya Clayborn Muldrow filed. (Distributed)
11/29/2023Record received from the United States Court of Appeals for the Eighth Circuit. The record is available with the Clerk (one box).
12/06/2023Argued. For petitioner: Brian Wolfman, Washington, D. C.; and Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Robert M. Loeb, Washington, D. C.
04/17/2024Judgment VACATED and case REMANDED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-193_q86b.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Gorsuch, Barrett, and Jackson, JJ., joined. Thomas, J., Alito, J., and Kavanaugh, J., each filed an opinion concurring in the judgment.
05/20/2024Judgment Issued.
08/19/2024Record returned to the United States Court of Appeals for the Eighth Circuit.