Decided
Horne v. Flores; Speaker of the Arizona House of Representatives v. Flores
Judgment
Reversed and remanded, 5-4, in an opinion by Samuel Alito on Jun 25, 2009.
Merit briefs
- Brief for Petitioner Thomas C. Horne, Superintendent of Public Instruction of the State of Arizona (in 08-289 only)
- Brief for Petitioner Speaker of the Arizona House of Representatives and President of the Arizona Senate (in 08-294 only)
- Brief for Respondent State of Arizona and the Arizona State Board of Education (in 08-289 only)
- Brief for Respondent Miriam Flores, Individually and As Parent of Miriam Flores, Minor Child; Rosa Rzeslawski, Individually and As Parent of Mario Rzeslawski, Minor Child; State of Arizona and the Arizona State Board of Education, and Its Members In Their Official Capacities
- Reply Brief for Petitioner Thomas C. Horne, Superintendent of Public Instruction of the State of Arizona (in 08-289 only)
- Reply Brief for Petitioner Speaker of the Arizona House of Representatives and President of the Arizona Senate (in 08-294 only)
Amicus briefs
- Brief for Pacific Legal Foundation and Evergreen Freedom Foundation in Support of Petitioner
- Brief for the American Unity Legal Defense Fund, English Language Political Action Committee, ProEnglish, and the Center for Equal Opportunity in Support of Petitioner.
- Brief for the Eagle Forum Education & Legal Defense Fund, Inc., in Support of Petitioner
- Brief for the Washington Legal Foundation in Support of Petitioner
- Brief for the Mountain States Legal Foundation, in Support of Petitioner( in 08-289 only)
- Brief for Education-Policy Scholars in Support of Petitioner (in 08-294 only)
- Brief for the American Legislative Exchange Council and Certain Individual State Legislators in Support of Petitioner
- Brief for Educational Policy and Finance Scholars in Support of Respondent (in 08-294 only)
- Brief for the National School Boards Association, the American Association of School Administrators, the National Education Association, and the Arizona Education Association in Support of Respondent
- Brief for the Washington Lawyer’s Committee for Civil Rights and Urban Affairs Immigrant and Refugee Rights Project, DC Language Access Coalition, and the Latin American Youth Center in Support of Respondent
- Brief for the Asian American Justice Center, National Council of La Raza, et al., in Support of Respondent
- Brief for the United States of America in Support of Respondent
- Brief for Civil Rights Organizations in Support of Respondent
- Brief for the Tucson Unified School District, Mesa Unified School District, Sunnyside Unified School District, Tempe Elementary School District and the Phoenix Union High School District in Support of Respondent
- Brief for Asian American Legal Defense and Education Fund, et al., in Support of Respondent
- Brief for the NAACP Legal Defense and Educational Fund, Inc., National Senior Citizens Law Center, National Health Law Program, and New York Lawyers for the Public Interest in Support of Respondent
Certiorari-Stage Documents
- Opinion below (9th Circuit)
- Petition for certiorari (08-289)
- Petition for certiorari (08-294)
- Brief in opposition (Flores)
- Brief in opposition (Arizona)
- Petitioner’s reply (08-294)
- Brief of Washington Legal Foundation (in support of petitioners)
- Brief of the American Legislative Exchange Council as Amicus Curiae (in support of petitioners)
Jul 2, 2008Application (08A20) to extend the time to file a petition for a writ of certiorari from July 16, 2008 to September 14, 2008, submitted to Justice Kennedy.
Jul 8, 2008Application (08A20) granted by Justice Kennedy extending the time to file until September 1, 2008.
Aug 29, 2008Petition for a writ of certiorari filed. (Response due October 6, 2008)
Sep 19, 2008Order extending time to file response to petition to and including November 5, 2008, for all respondents.
Oct 6, 2008Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Oct 9, 2008Order further extending time to file response to petition to and including December 1, 2008, for all respondents.
Dec 1, 2008Brief of respondents Miriam Flores, et al. in opposition filed. VIDED.
Dec 1, 2008Brief of respondents Arizona, et al. in opposition filed. VIDED.
Dec 16, 2008Reply of petitioner Thomas C. Horne, Superintendent, Arizona Public Instruction filed.
Dec 17, 2008DISTRIBUTED for Conference of January 9, 2009.
Jan 9, 2009Petition GRANTED the case is consolidated with No. 08-294 and a total of one hour is allotted for oral argument. The briefs of petitioners are to be filed on or before Thursday, February 19, 2009. The briefs of respondents are to be filed on or before Wednesday, March 18, 2009. Reply briefs, if any, are to be filed in accordance with Rule 25.3 of the Rules of this Court.
Feb 19, 2009Brief of petitioner Thomas C. Horne, Superintendent, Arizona Public Instruction filed. VIDED.
Feb 19, 2009Joint appendix filed. VIDED. Statement of costs received.
Feb 19, 2009Brief of petitioners Speaker of the Arizona House of Representatives, et al. filed. VIDED.
Feb 23, 2009SET FOR ARGUMENT ON Monday, April 20, 2009.
Feb 25, 2009Brief amici curiae of American Unity Legal Defense Fund, et al. filed. VIDED.
Feb 25, 2009Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. VIDED.
Feb 25, 2009Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Feb 26, 2009Brief amici curiae of Education-Policy Scholars filed. VIDED.
Feb 26, 2009Brief amici curiae of American Legislative Exchange Council, et al. filed. VIDED. (Distributed)
Feb 26, 2009Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed)
Feb 26, 2009Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed)
Feb 27, 2009CIRCULATED.
Mar 11, 2009Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents. VIDED.
Mar 11, 2009Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Mar 16, 2009Record received from U.S.D.C. for the District of Arizona (Tucson) (2 boxes)
Mar 18, 2009Brief of respondents Miriam Flores, and Rosa Rzeslawski filed. (Distributed) VIDED.
Mar 18, 2009Brief of respondents Arizona, and Arizona State Board of Education filed. VIDED. (Distributed)
Mar 19, 2009Joint motion for divided argument filed by petitioners. VIDED.
Mar 25, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 25, 2009Brief amici curiae of Asian American Legal Defense & Education Fund, et al. filed. VIDED. (Distributed)
Mar 25, 2009Brief amici curiae of NAACP Legal Defense and Educational Fund, Inc., et al. filed. VIDED. (Distributed)
Mar 25, 2009Brief amici curiae of Educational Policy and Finance Scholars filed. VIDED. (Distributed)
Mar 25, 2009Brief amici curiae of Tucson Unified School District, et al. filed. VIDED. (Distributed)
Mar 25, 2009Brief amici curiae of Asian American Justice Center, et al. filed. VIDED. (Distributed)
Mar 25, 2009Brief amici curiae of Civil Rights Organizations filed. VIDED. (Distributed)
Mar 25, 2009Brief amici curiae of National School Boards Association, et al. filed. VIDED. (Distributed)
Mar 25, 2009Brief amici curiae of Washington Lawyer's Committee on Civil Rights and Urban Affairs - Immigrant and Refugee Rights Project, et al. filed. VIDED. (Distributed)
Mar 25, 2009Motion for leave to file amici brief out-of-time filed by 30 Recognized Leaders of Education Research in support of neither party. VIDED. (Distributed)
Mar 25, 2009Brief amicus curiae of United States filed. VIDED. (Distributed)
Mar 31, 2009Letter from the Acting Solicitor General proposing to lodge copies of documents of the Department of Education cited to in the brief of the United States. VIDED.
Apr 1, 2009Additional record received from U.S. District Court of the District of Arizona. (1 box of transcripts)
Apr 3, 2009The Clerk has approved submission of the Acting Solicitor General's proposed lodging. VIDED.
Apr 3, 2009Motion for divided argument filed by petitioners DENIED.
Apr 3, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 3, 2009Motion for leave to file amici brief filed by 30 Recognized Education Research Leaders of Education Research in support of neither party out-of-time GRANTED.
Apr 3, 2009Lodging of the Acting Solicitor General (12 copies). VIDED.
Apr 9, 2009Reply of petitioner Thomas C. Horne, Superintendent, Arizona Public Instruction filed. VIDED. (Distributed)
Apr 13, 2009Reply of petitioners Speaker of the Arizona House of Representatives, et al. filed. VIDED. (Distributed)
Apr 20, 2009Argued. For petitioners: Kenneth W. Starr, Los Angeles, Cal. For respondents: Sri Srinivasan, Washington, D.C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Jun 25, 2009Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined.
Jul 27, 2009JUDGMENT ISSUED.
Aug 8, 2009Record returned to U.S.D.C. for the District of Arizona.
Recommended Citation: Horne v. Flores; Speaker of the Arizona House of Representatives v. Flores, SCOTUSblog, https://www.scotusblog.com/cases/horne-v-flores-speaker-of-the-arizona-house-of-representatives-v-flores/