Record returned to U.S.D.C. for the District of Arizona.

JUDGMENT ISSUED.

Judgment 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.

Argued. 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.)

Reply of petitioners Speaker of the Arizona House of Representatives, et al. filed. VIDED. (Distributed)

Reply of petitioner Thomas C. Horne, Superintendent, Arizona Public Instruction filed. VIDED. (Distributed)

Motion for divided argument filed by petitioners DENIED. (orders list)

Lodging of the Acting Solicitor General (12 copies). VIDED.

Motion 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. (orders list)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

The Clerk has approved submission of the Acting Solicitor General's proposed lodging. VIDED.

Additional record received from U.S. District Court of the District of Arizona. (1 box of transcripts)

Letter 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.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.

Brief amicus curiae of United States filed. VIDED. (Distributed)

Motion for leave to file amici brief out-of-time filed by 30 Recognized Leaders of Education Research in support of neither party. VIDED. (Distributed)

Brief amici curiae of Washington Lawyer's Committee on Civil Rights and Urban Affairs - Immigrant and Refugee Rights Project, et al. filed. VIDED. (Distributed)

Brief amici curiae of National School Boards Association, et al. filed. VIDED. (Distributed)

Brief amici curiae of Civil Rights Organizations filed. VIDED. (Distributed)

Brief amici curiae of Asian American Justice Center, et al. filed. VIDED. (Distributed)

Brief amici curiae of Tucson Unified School District, et al. filed. VIDED. (Distributed)

Brief amici curiae of Educational Policy and Finance Scholars filed. VIDED. (Distributed)

Brief amici curiae of NAACP Legal Defense and Educational Fund, Inc., et al. filed. VIDED. (Distributed)

Brief amici curiae of Asian American Legal Defense & Education Fund, et al. filed. VIDED. (Distributed)

Joint motion for divided argument filed by petitioners. VIDED.

Brief of respondents Arizona, and Arizona State Board of Education filed. VIDED. (Distributed)

Brief of respondents Miriam Flores, and Rosa Rzeslawski filed. (Distributed) VIDED.

Record received from U.S.D.C. for the District of Arizona (Tucson) (2 boxes)

Record received from U.S.C.A. for 9th Circuit. (1 envelope)

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents. VIDED.

CIRCULATED.

Brief amici curiae of American Legislative Exchange Council, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed)

Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed)

Brief amici curiae of Education-Policy Scholars filed. VIDED.

Brief amici curiae of American Unity Legal Defense Fund, et al. filed. VIDED.

Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.

Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. VIDED.

SET FOR ARGUMENT ON Monday, April 20, 2009.

Joint appendix filed. VIDED. Statement of costs received.

Brief of petitioners Speaker of the Arizona House of Representatives, et al. filed. VIDED.

Brief of petitioner Thomas C. Horne, Superintendent, Arizona Public Instruction filed. VIDED.

Petition 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 befo... (orders list)

Petition 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 W (orders list)

DISTRIBUTED for Conference of January 9, 2009.

Reply of petitioner Thomas C. Horne, Superintendent, Arizona Public Instruction filed.

Brief of respondents Arizona, et al. in opposition filed. VIDED.

Brief of respondents Miriam Flores, et al. in opposition filed. VIDED.

Order further extending time to file response to petition to and including December 1, 2008, for all respondents.

Brief amicus curiae of Washington Legal Foundation filed. VIDED.

Order extending time to file response to petition to and including November 5, 2008, for all respondents.

Petition for a writ of certiorari filed. (Response due October 6, 2008)

Application (08A20) granted by Justice Kennedy extending the time to file until September 1, 2008.

Application (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.

Speaker of the Arizona House of Representatives, et al., Petitioner, represented by Kenneth W. Starr

Thomas C. Horne, Superintendent, Arizona Public Instruction, Petitioner, represented by Eric J. Bistrow

Arizona, et al., Respondent, represented by Kimberly Anne Demarchi

Miriam Flores, et al., Respondent, represented by Sri Srinivasan

Miriam Flores, et al., Respondent, represented by Timothy M. Hogan

30 Recognized Education Research Leaders of Education Research in support of neither party out of time, Amicus Curiae, represented by A.W. Phinney

30 Recognized Education Research Leaders of Education Research in support of neither party out of time, Amicus Curiae, represented by A.W. Phinney Sr.

American Legislative Exchange Council, et al., Amicus Curiae, represented by Robert C. O'Brien Jr.

American Unity Legal Defense Fund, et al., Amicus Curiae, represented by Barnaby W. Zall

Asian American Justice Center, et al., Amicus Curiae, represented by Alan Scott Gilbert

Asian American Legal Defense & Education Fund, et al., Amicus Curiae, represented by Robert A. Long Jr.

Civil Rights Organizations, Amicus Curiae, represented by Nina Perales

Eagle Forum Educational & Legal Defense Fund, Inc., Amicus Curiae, represented by Andrew L. Schlafly

Educational Policy and Finance Scholars, Amicus Curiae, represented by Jonathan L. Marcus

Education-Policy Scholars, Amicus Curiae, represented by Dan Himmelfarb

Mountain States Legal Foundation, Amicus Curiae, represented by J. Scott Detamore

NAACP Legal Defense and Educational Fund Inc., et al., Amicus Curiae, represented by John A. Payton

National School Boards Association, et al., Amicus Curiae, represented by Maree F. Sneed

Pacific Legal Foundation, et al., Amicus Curiae, represented by Steven Geoffrey Gieseler

Thomas C. Horne, Superintendent, Arizona Public Instruction v. Miriam Flores, et al., Amicus Curiae, represented by Nicole A. Saharsky

Tucson Unified School District, et al., Amicus Curiae, represented by John C. Richardson

United States, Amicus Curiae, represented by Elena Kagan

United States, Amicus Curiae, represented by Neal Kumar Katyal

Washington Lawyer's Committee for Civil Rights and Urban Affairs - Immigrant and Refugee Rights Project, et al., Amicus Curiae, represented by Patrick F. Linehan

Washington Legal Foundation, Amicus Curiae, represented by Gene C. Schaerr