No. 25-1028October Term 2025Petition PendingUpdated Sep 1, 2026
Smith v. Michigan Department of Corrections
Porter Smith v. Michigan Department of Corrections
Porter Smith asked the Supreme Court to review a Sixth Circuit ruling that Section 504 of the Rehabilitation Act does not allow private lawsuits alleging retaliation.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Next
- Awaiting an order on the petitionNo decision timeline until the Court agrees to hear the case.
- What it's about
Porter Smith asked the Supreme Court to review a Sixth Circuit ruling that Section 504 of the Rehabilitation Act does not allow private lawsuits alleging retaliation. The petition argued that the ruling conflicts with decisions in other federal appeals courts and with the Act’s incorporation of the ADA’s anti-retaliation protection.
Question presented
Whether Section 504 of the Rehabilitation Act, 29 U.S.C. 794, authorizes a private right of action for retaliation.
- Case path
United States Court of Appeals for the Sixth Circuit / Petition pending
- Area
Petition for review pending
Briefing
What it's about
Porter Smith's petition asks whether the Rehabilitation Act lets private individuals sue for retaliation. A divided Sixth Circuit panel said the law does not authorize those claims, despite its incorporation of the Americans with Disabilities Act's anti-retaliation provision.
Argument
No oral argument is scheduled, and no substantive justice or advocate reactions are available yet.
Impact
The answer could determine whether people can seek relief when a federally funded program allegedly punishes them for asserting disability-related rights. For example, a person who reports disability discrimination could be unable to bring a retaliation claim under the Rehabilitation Act in the Sixth Circuit.
What's next
No oral argument date or decision window is available. Watch for another scheduling move from the Court.
What is at stake in Porter Smith v. Michigan Department of Corrections?
The case asks whether individuals may sue under the Rehabilitation Act when they say they were retaliated against for asserting disability-related rights.
Who could be affected by the Rehabilitation Act retaliation question?
People alleging retaliation by federally funded programs could be affected. The Sixth Circuit's approach differs from the consensus described in the petition.
What happens next in Porter Smith v. Michigan Department of Corrections?
No oral argument is scheduled, and no decision window is available. The next development would be another scheduling move from the Court.
Documents
Activity
Docket activity2
AI analysis generated: Case Briefing
Sep 1, 2026 | Generated
Brief added: Petition
Feb 19, 2026 | Court records
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 1, 2026
- Method
- Methodology