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Biden v. Nebraska

Application to vacate injunction is treated as a petition for a writ of certiorari before judgment, the petition is granted, and consideration of the application to vacate injunction is deferred pending oral argument.

Docket No. Op. Below Argument Opinion Vote Author Term
22a444 8th Cir. N/A N/A N/A N/A OT 2022

Issue: Whether the Biden administration"s student-debt relief program should be allowed to proceed.

DateProceedings and Orders (key to color coding)
11/18/2022Application (22A444) to vacate injunction, submitted to Justice Kavanaugh.
11/18/2022Response to application (22A444) requested by Justice Kavanaugh, due noon (EST), Wednesday, November 23, 2022.
11/22/2022Motion for leave to file amicus brief and brief in support of application to vacate injunction filed by Former Representative George Miller.
11/22/2022Motion for leave to file amicus brief and brief filed by Law Professors.
11/22/2022Motion for leave to file amicus brief and brief filed by Borrower Advocacy and Legal Aid Organizations in support of applicants.
11/23/2022Response to application from respondents Nebraska, et al. filed.
11/23/2022Motion for leave to file amicus brief and brief filed by Fenaba Addo, Alan Aja, Dominique Baker, Raphael Charron-Chenier, Mathieu Despard, Darrick Hamilton, Jason Houle, Martha Ross, Stephen Roll, Louise Seamster, and Thomas Shapiro.
11/23/2022Motion for leave to file amicus brief and brief filed by Hamilton Lincoln Law Institute.
11/23/2022Motion for leave to file amicus brief and brief filed by Americans for Prosperity Foundation.
11/23/2022Motion for leave to file amicus brief and brief filed by American Federation of Teachers in support of applicants.
11/23/2022Motion for leave to file amicus brief and brief filed by Utah, Ohio, Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Louisiana, Mississippi, Montana, New Hampshire, North Dakota, Oklahoma, Texas, West Virginia, and Wyoming.
11/28/2022Reply of applicant Joseh R. Biden, et al. filed.
12/01/2022Application (22A444) referred to the Court.
12/01/2022Consideration of the application to vacate injunction presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The application to vacate injunction is also treated as a petition for a writ of certiorari before judgment (22-506), and the petition is GRANTED on the questions presented in the application. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session.
06/30/2023Judgment REVERSED and case REMANDED in No. 22-506. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Barrett, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined.