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Department of Education v. Brown

The application for stay is treated as a petition for a writ of certiorari before judgment, and the petition is granted on December 12, 2022.
Docket No. Argument Opinion Vote Author Term
22A489 TBD TBD TBD TBD OT 2022

Issue: Whether the court should place on hold the order to strike down the Biden administration’s student-debt relief program.

DateProceedings and Orders (key to color coding)
Dec 02 2022Application (22A489) for a stay, submitted to Justice Alito.
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 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.