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Decided

Fitzgerald, et vir v. Barnstable School Committee, et al.

Docket No.07-1125
Op. Below1st Circuit
ArgumentDec 2, 2008

Judgment

Reversed and remanded, 9-0, in an opinion by Samuel Alito on Jan 21, 2009.

Proceedings & orders timeline

Dec 21, 2007
Application (07A542) to extend the time to file a petition for a writ of certiorari from January 3, 2008 to March 3, 2008, submitted to Justice Souter.
Dec 27, 2007
Application (07A542) granted by Justice Souter extending the time to file until March 3, 2008.
Mar 3, 2008
Petition for a writ of certiorari filed. (Response due April 3, 2008)
Mar 13, 2008
Order extending time to file response to petition to and including May 5, 2008.
May 5, 2008
Brief of respondents Barnstable School Committee, and Dr. Russell Dever in opposition filed.
May 20, 2008
DISTRIBUTED for Conference of June 5, 2008.
May 20, 2008
Reply of petitioners Lisa Ryan Fitzgerald, and Robert Fitzgerald filed. (Distributed)
Jun 9, 2008
Petition GRANTED.
Jul 16, 2008
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including August 22, 2008.
Jul 16, 2008
The time within which to file respondents' brief on the merits is extended to and including October 22, 2008.
Aug 21, 2008
The time within which to file the joint appendix and petitioners' brief on the merits is further extended to and including September 5, 2008.
Aug 22, 2008
Brief of petitioners Lisa Ryan Fitzgerald, and Robert Fitzgerald filed.
Aug 27, 2008
Brief amicus curiae of Pacific Legal Foundation filed.
Aug 29, 2008
Brief amicus curiae of National Association of Women Lawyers filed.
Aug 29, 2008
Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 29, 2008
Brief amicus curiae of American Bar Association filed.
Sep 5, 2008
Joint appendix filed. Statement of costs received.
Sep 8, 2008
SET FOR ARGUMENT ON Tuesday, December 2, 2008.
Sep 12, 2008
CIRCULATED.
Oct 13, 2008
Record received from the U.S.C.A. for the 1st Circuit. (1 box)
Oct 14, 2008
Record received from the U.S.D.C. for the District of Massachusetts. (1 box).
Oct 22, 2008
Brief of respondents Barnstable School Committee and Dr. Russell Dever filed. (Distributed)
Oct 29, 2008
Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
Nov 21, 2008
Reply of petitioners Lisa Ryan Fitzgerald, and Robert Fitzgerald filed. (Distributed)
Dec 2, 2008
Argued. For petitioners: Charles A. Rothfeld, Washington, D.C. For respondents: Kay H. Hodge, Boston, Mass.
Jan 21, 2009
Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
Feb 23, 2009
Judgment Issued
May 18, 2009
Record returned to U. S.C.A. for 1st Circuit.
May 18, 2009
Record returned to U.S.D.C. for the District of Massachusetts.

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