Today the Supreme Court issued a revised argument calendar for its November session, which begins on October 31. Ivy v. Morath, which had originally been scheduled as the second case on Monday, November 7, was removed from the calendar, leaving only one case – National Labor Relations Board v. SW General – on that day.
Ivy was brought by five Texas residents with hearing disabilities, who contended that they could not find driver’s education classes that would provide sign language interpreters for them. The question before the court was whether the individuals could sue a state agency for violations of federal anti-discrimination laws when the driver’s education classes are privately run but licensed by the state. The federal government had advised the justices to stay out of the dispute, but the court nonetheless granted review on June 28.
The court did not give any reason for taking the case off the calendar. However, in a brief filed with the court late last month, the state had urged the justices to dismiss the case as moot, explaining that the five plaintiffs in the case had either taken a driver’s education class or moved out of state.