A. J. T. v. Osseo Area Schools | Case No. 24-249 | Date Argued: 4/28/25

Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Rehabilitation Act) require public entities and organizations that receive federal funding to provide reasonable accommodations for people with disabilities. In the decision below, the Eighth Circuit held that, for discrimination claims "based on educational services" brought by children with disabilities, these statutes are violated only if school officials acted with ''bad faith or gross misjudgment." App.3a.

That test squarely implicates an entrenched and acknowledged 5-2 circuit split over the standard governing such claims. It is also plainly mistaken on the merits: As the Eighth Circuit itself acknowledged, the test lacks "any anchor in statutory text," App.5a n.2, and it arbitrarily departs from the more lenient standards that all courts-including the Eighth Circuit-apply to ADA and Rehabilitation Act claims brought by plaintiffs outside the school setting.

The question presented is: Whether the ADA and Rehabilitation Act require children with disabilities to satisfy a uniquely stringent "bad faith or gross misjudgment" standard when seeking relief for discrimination relating to their education.

Host Note: This is probably the sauciest oral argument I've heard this term. Respondent's counsel accuses Petitioner of lying and of asking the Court to consider "uniquely stupid standards." Respondent's counsel also accused the Supreme Court of routinely remanding cases without setting the law. All of these statements clearly made the justices uncomfortable. I included timestamps for these exchanges.

Timestamp:

00:00 Introduction

00:07 Petitioner Opening Statement Begins

2:04 Petitioner Free for All Questions Begin

18:06 Petitioner Sequential Questions Begin

23:04 Petitioner Questions End, Government Opening Statement Begins

24:29 Government Free for All Questions Begin

33:42 Government Sequential Questions Begin

45:17 Government Questions End, Respondent Opening Statement Begins

47:16 Respondent Free for All Questions Begin

50:26 Respondent alleges that Petitioner lied and made inaccurate statements about Respondent’s position

50:55 Justice Gorsuch tells Respondent to be more careful with her words with respect to alleging that Petitioner lied

52:03 Respondent states that Petitioner asks the court to adopt “uniquely stupid standards.”

1:03:17 Justice Jackson and Respondent debate whether 504 and Title II require reasonable accommodations

1:04:31 Respondent admonishes the Supreme Court for sometimes “just remand[ing] and saying we just remand” and for not “set[ting] the law.”

1:05:01 Justice Gorsuch tells Respondent that he’s troubled by Respondent’s “suggestion that your friends on the other side have lied[]” and asks Respondent “to reconsider that phrase.” Respondent backtracks and says that Petitioner is incorrect.

1:07:24 Justice Gorsuch asks Respondent to withdraw her accusation that Petitioner lied. Respondent obliges.

1:16:23 Respondent Sequential Questions Begin

1:22:38 Respondent Questions End, Petitioner Reply Begins