Department of Education v. Brown

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-535	N.D. Texas	Feb 28, 2023	Jun 30, 2023	9-0	Alito	OT 2022

Holding: Respondents lack Article III standing to assert a procedural challenge to the student-loan debt-forgiveness plan adopted by the Secretary of Education pursuant to Higher Education Relief Opportunities for Students Act of 2003.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Alito on June 30, 2023.

SCOTUSblog Coverage

Supreme Court strikes down Biden student-loan forgiveness program (Amy Howe, June 30, 2023)
Bidens student-loan forgiveness plan gets cold reception from conservative justices (Amy Howe, February 28, 2023)
From precarious to dire: The financial state of student-loan borrowers following the COVID-19 pandemic (Randi Weingarten, February 23, 2023)
When the president takes lawmaking matters into his own hands, the court must step in (Elizabeth Slattery, February 23, 2023)
Dont let the executive abuse emergency powers to raid the Treasury (Ilya Somin, February 21, 2023)
Partisan priorities and institutional legitimacy in the flawed challenges to student-debt relief (Jonathan D. Glater, February 21, 2023)
In a pair of challenges to student-debt relief, big questions about agency authority and the right to sue (Amy Howe, February 13, 2023)
How ending the COVID emergency will complicate the fight over student-loan forgiveness (James Romoser, February 6, 2023)
Court schedules February arguments on student-loan relief, tech companies liability (Amy Howe, December 19, 2022)
Court adds second challenge to Bidens student-loan relief plan (Amy Howe, December 12, 2022)

Date	Proceedings and Orders (key to color coding)
12/02/2022	Application (22A489) for a stay, submitted to Justice Alito.
12/02/2022	Petition for a writ of certiorari before judgment filed. (Response due January 11, 2023)
12/05/2022	Response to application (22A489) requested by Justice Alito, due by noon (EST), Wednesday, December 7, 2022.
12/07/2022	Response to application from respondent Myra Brown, et al. filed.
12/08/2022	Reply of applicant United States Department of Education, et al. filed.
12/12/2022	Application (22A489) referred to the Court.
12/12/2022	Consideration of the application for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The application for stay is also treated as a petition for a writ of certiorari before judgment (22-535), and the petition is GRANTED. The parties are directed to brief and argue the following questions: (1) Whether respondents have Article III standing; and (2) Whether the Department's plan is statutorily authorized and was adopted in a procedurally proper manner. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session.
12/12/2022	Petition GRANTED.
12/14/2022	The joint appendix and petitioners’ brief on the merits are to be filed on or before Wednesday, January 4, 2023. Respondents’ briefs on the merits are to be filed on or before Friday, January 27, 2023. The reply brief is to be filed on or before Wednesday, February 15, 2023.
12/14/2022	In lieu of petitioners filing separate opening and reply briefs on the merits in No. 22-506 and No. 22-535, they may file a single consolidated opening brief, limited to 17,000 words, and a single consolidated reply brief, limited to 9,000 words. In addition, a single joint appendix containing the relevant record materials in No. 22-506 and No. 22-535 may be filed. VIDED.
12/19/2022	SET FOR ARGUMENT on Tuesday, February 28, 2023.
12/20/2022	Record requested from the U.S.C.A. for the Fifth Circuit.
12/27/2022	Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.
12/28/2022	Record received from the U.S.D.C. Northern District of Texas. The record was transmitted electronically
01/04/2023	Consolidated brief of petitioners filed (also in 22-506). VIDED.
01/04/2023	Consolidated joint appendix filed (also in 22-506). VIDED.
01/11/2023	Amicus brief of Borrower Advocacy and Legal Aid Organizations not accepted for filing. (January 11, 2023)
01/11/2023	Brief amici curiae of Borrower Advocacy and Legal Aid Organizations (also in 22-506) filed. VIDED. (Distributed)
01/11/2023	Brief amici curiae of Six Veterans' Organizations filed (also in 22-506). VIDED. (Distributed)
01/11/2023	Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law and 21 Other Organizations filed (also in 22-506). VIDED. (Distributed)
01/11/2023	Brief amici curiae of Samuel L. Bray and William Baude filed (also in 22-506). VIDED. (Distributed)
01/11/2023	Brief amici curiae of Legal Scholars (also in 22-506) filed. VIDED. (Distributed)
01/11/2023	Brief amici curiae of Professor Lawrence A. Stein in support of no party (also in 22-506) filed. VIDED. (Distributed)
01/11/2023	Brief amici curiae of Massachusetts, et al. (also in 22-506) filed. VIDED. (Distributed)
01/11/2023	Brief amicus curiae of National Education Association filed. (also in 22-506) VIDED. (Distributed)
01/11/2023	Brief amici curiae of American Federation of Teachers, et al.(also in 22-506) filed. VIDED. (Distributed)
01/11/2023	Brief amicus curiae of Former Representative George Miller (also in 22-506) filed. VIDED. (Distributed)
01/12/2023	Brief amicus curiae of Atlantic Legal Foundation filed (also in 22-506). VIDED. (Distributed)
01/17/2023	CIRCULATED
01/27/2023	Brief of respondents Myra Brown, et al. filed. (Distributed)
02/01/2023	Brief amici curiae of Americans for Prosperity Foundation and Advancing Freedom (also in 22-506) filed. VIDED. (Distributed)
02/01/2023	Brief amicus curiae of The Foundation for Government Accountability (also in 22-506) filed. VIDED. (Distributed)
02/02/2023	Brief amici curiae of Former Rep. Howard McKeon, et al. (also in 22-506) filed. VIDED. (Distributed)
02/02/2023	Brief amici curiae of Empire Center and The Government Justice Center, Inc. (also in 22-506) filed. VIDED. (Distributed)
02/02/2023	Brief amicus curiae of America First Policy Institute (also in 22-506) filed. VIDED. (Distributed)
02/02/2023	Brief amici curiae of Cato Institute and Manhattan Institute (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of American Center for Law and Justice (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of Landmark Legal Foundation filed. (Distributed)
02/03/2023	Brief amici curiae of States of Utah, Ohio, and 15 Other States filed. (Distributed)
02/03/2023	Brief amicus curiae of The Protect Democracy Project (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of The Buckeye Institute (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of Senator Marsha Blackburn and 42 Other Members of the United States Senate (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of New Civil Liberties Alliance (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of 128 U.S. Representatives, including 25 Members of the House committee on Education and the Workforce (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of Hamilton Lincoln Law Institute and Committee for Justice (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of Elisabeth Devos, et al. (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of The Chamber of Commerce of the United States of America (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of Jed Handelsman Shugerman (also in 22-506) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of Michael W. McConnell, et al. (also in 22-506) filed. VIDED. (Distributed)
02/15/2023	Consolidated reply brief of petitioners (also in 22-506) filed. VIDED. (Distributed)
02/28/2023	Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: J. Michael Connolly, Arlington, Va.
06/30/2023	Application No. 22A489 DENIED AS MOOT. Judgment VACATED and case REMANDED in No. 22-535. Alito, J., delivered the opinion for a unanimous Court.
06/30/2023	Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Application No. 22A489 denied as moot.
08/01/2023	Judgment issued.