United States Supreme Court Certiorari Granted

Opinions Filed in March 2023

Wilkins v. United States

Section 2409a(g) is a non-jurisdictional claims-processing rule. A procedural requirement is only jurisdictional if Congress “clearly states” it is. Boechler v. Commissioner, 596 U.S. ___, ___ (2022) (slip op., at 3) (quoting Arbaugh, 546 U.S., at 515). This principle seeks to avoid judicial interpretations that undermine Congress’ judgment. Loosely treating procedural requirements as jurisdictional risks undermining the very reason Congress enacted them.

Area(s) of Law:
  • Property Law

Perez v. Sturgis Public Schools

“Nothing in IDEA shall be construed to restrict” the ability to seek “remedies” under other Federal laws protecting the rights of children with disabilities. Before filing a civil action under other federal laws seeking relief that is also available under IDEA, the procedures under [§1415](f) and (g) shall be exhausted". 20 U.S.C. §1415(l).

Area(s) of Law:
  • Disability Law

Back to Top