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Department of Education v. Brown

Docket No. Argument Opinion Vote Author Term
22-535 Feb 28, 2023
TBD TBD TBD OT 2022

Issues: (1) Whether two student-loan borrowers have Article III standing to challenge the Department of Education's student-debt relief plan; and (2) whether the department's plan is statutorily authorized and was adopted in a procedurally proper manner.

DateProceedings and Orders (key to color coding)
Dec 02 2022Application (22A489) for a stay, submitted to Justice Alito.
Dec 02 2022Petition for a writ of certiorari before judgment filed. (Response due January 11, 2023)
Dec 05 2022Response to application (22A489) requested by Justice Alito, due by noon (EST), Wednesday, December 7, 2022.
Dec 07 2022Response to application from respondent Myra Brown, et al. filed.
Dec 08 2022Reply of applicant United States Department of Education, et al. filed.
Dec 12 2022Petition GRANTED.
Dec 12 2022Application (22A489) referred to the Court.
Dec 12 2022Consideration 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.
Dec 14 2022The 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.
Dec 14 2022In 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.
Dec 19 2022SET FOR ARGUMENT on Tuesday, February 28, 2023.
Dec 20 2022Record requested from the U.S.C.A. for the Fifth Circuit.
Dec 27 2022Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.
Dec 28 2022Record received from the U.S.D.C. Northern District of Texas. The record was transmitted electronically
Jan 04 2023Consolidated brief of petitioners filed (also in 22-506). VIDED.
Jan 04 2023Consolidated joint appendix filed (also in 22-506). VIDED.
Jan 11 2023Amicus brief of Borrower Advocacy and Legal Aid Organizations not accepted for filing. (January 11, 2023)
Jan 11 2023Brief amici curiae of Borrower Advocacy and Legal Aid Organizations (also in 22-506) filed. VIDED. (Distributed)
Jan 11 2023Brief amici curiae of Six Veterans' Organizations filed (also in 22-506). VIDED. (Distributed)
Jan 11 2023Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law and 21 Other Organizations filed (also in 22-506). VIDED. (Distributed)
Jan 11 2023Brief amici curiae of Samuel L. Bray and William Baude filed (also in 22-506). VIDED. (Distributed)
Jan 11 2023Brief amici curiae of Legal Scholars (also in 22-506) filed. VIDED. (Distributed)
Jan 11 2023Brief amici curiae of Professor Lawrence A. Stein in support of no party (also in 22-506) filed. VIDED. (Distributed)
Jan 11 2023Brief amici curiae of Massachusetts, et al. (also in 22-506) filed. VIDED. (Distributed)
Jan 11 2023Brief amicus curiae of National Education Association filed. (also in 22-506) VIDED. (Distributed)
Jan 11 2023Brief amici curiae of American Federation of Teachers, et al.(also in 22-506) filed. VIDED. (Distributed)
Jan 11 2023Brief amicus curiae of Former Representative George Miller (also in 22-506) filed. VIDED. (Distributed)
Jan 12 2023Brief amicus curiae of Atlantic Legal Foundation filed (also in 22-506). VIDED. (Distributed)
Jan 17 2023CIRCULATED
Jan 27 2023Brief of Myra Brown, et al. submitted.