Supreme Court win for girl with epilepsy expected to make disability lawsuits

Legal Events

A teenage girl with a rare form of epilepsy won a unanimous Supreme Court ruling on Thursday that’s expected to make it easier for families of children with disabilities to sue schools over access to education.

The girl’s family says that her Minnesota school district didn’t do enough to make sure she has the disability accommodations she needs to learn, including failing to provide adequate instruction in the evening when her seizures are less frequent.

But lower courts ruled against the family’s claim for damages, despite finding the school had fallen short. That’s because courts in that part of the country required plaintiffs to show schools used “bad faith or gross misjudgment,” a higher legal standard than most disability discrimination claims.

The district, Osseo Area Schools, said that lowering the legal standard could expose the country’s understaffed public schools to more lawsuits if their efforts fall short, even if officials are working in good faith.

The family appealed to the Supreme Court, which found that lawsuits against schools should have the same requirements as other disability discrimination claims.

Children with disabilities and their parents “face daunting challenges on a daily basis. We hold today that those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs,” Chief Justice John Roberts wrote for the court.

The court rebuffed the district’s argument, made late in the appeals process, that all claims over accommodations for people with disabilities should be held to the same higher standard — a potentially major switch that would have been a “five-alarm fire” for the disability rights community, the girl’s lawyers said.

Justice Clarence Thomas, joined by Justice Brett Kavanaugh, wrote separately to say he would be willing to consider those arguments at some point in the future, though he didn’t say whether they would win.
But Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, saw it differently. Sotomayor wrote in another concurrence that adopting those higher standards more broadly would “eviscerate the core” of disability discrimination laws.

The girl’s attorney Roman Martinez, of Latham & Watkins, called Thursday’s ruling a win for the family and “children with disabilities facing discrimination in schools across the country.” He added that “it will help protect the reasonable accommodations needed to ensure equal opportunity for all.”

Judge blocks plan to allow immigration agents in New York City jail

A judge blocked New York City’s mayor from letting federal immigration authorities reopen an office at the city’s main jail, in part because of concerns the mayor invited them back in as part of a deal with the Trump administration to end his corruption case.

New York Judge Mary Rosado’s decision Friday is a setback for Democratic Mayor Eric Adams, who issued an executive order permitting U.S. Immigration and Customs Enforcement and other federal agencies to maintain office space at the Rikers Island jail complex. City lawmakers filed a lawsuit in April accusing Adams of entering into a “corrupt quid pro quo bargain” with the Trump administration in exchange for the U.S. Justice Department dropping criminal charges against him.

Rosado temporarily blocked the executive order in April. In granting a preliminary injunction, she said city council members have “shown a likelihood of success in demonstrating, at minimum, the appearance of a quid pro quo whereby Mayor Adams publicly agreed to bring Immigration and Customs Enforcement (”ICE”) back to Rikers Island in exchange for dismissal of his criminal charges.”


 

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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