Biden v. Nebraska
Holding
The Secretary of Education does not have authority under the Higher Education Relief Opportunities for Students Act of 2003 to establish a student loan forgiveness program that will cancel roughly $430 billion in debt principal and affect nearly all borrowers.
Judgment
Reversed and remanded, 6-3, in an opinion by John Roberts on Jun 30, 2023. Justice Barrett filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Sotomayor and Jackson joined.
Nov 18, 2022Application (22A444) to vacate injunction, submitted to Justice Kavanaugh.
Nov 18, 2022Petition for a writ of certiorari before judgment filed.
Nov 18, 2022Response to application (22A444) requested by Justice Kavanaugh, due noon (EST), Wednesday, November 23, 2022.
Nov 22, 2022Motion for leave to file amicus brief and brief in support of application to vacate injunction filed by Former Representative George Miller.Nov 22, 2022Motion for leave to file amicus brief and brief filed by Law Professors.Nov 22, 2022Motion for leave to file amicus brief and brief filed by Borrower Advocacy and Legal Aid Organizations in support of applicants.Nov 23, 2022Response to application from respondents Nebraska, et al. filed.Nov 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.Nov 23, 2022Motion for leave to file amicus brief and brief filed by Hamilton Lincoln Law Institute.Nov 23, 2022Motion for leave to file amicus brief and brief filed by Americans for Prosperity Foundation.Nov 23, 2022Motion for leave to file amicus brief and brief filed by American Federation of Teachers in support of applicants.Nov 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.Nov 28, 2022Reply of applicant Joseh R. Biden, et al. filed.Dec 1, 2022Application (22A444) referred to the Court.
Dec 1, 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.
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 Eighth Circuit.
Jan 4, 2023Consolidated brief of petitioners filed (also in 22-535). VIDED.Jan 4, 2023Consolidated joint appendix filed (also in 22-535). VIDED. (Statement of cost filed.)Jan 5, 2023Record received from the U.S.C.A.-8th Circuit (1 envelope).
Jan 11, 2023Brief amicus curiae of Student Loan Experts filed.Jan 11, 2023Brief amicus curiae of ArchCity Defenders and Legal Services of Eastern Missouri filed.Jan 11, 2023Brief amicus curiae of National Association for the Advancement of Colored People filed.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 filed (also in 22-535). VIDED. (Distributed)Jan 11, 2023Brief amici curiae of Six Veterans' Organizations filed (also in 22-535). VIDED.Jan 11, 2023Brief amici curiae of Legal Scholars (also in 22-535) filed. VIDED.Jan 11, 2023Brief amici curiae of Samuel L. Bray and William Baude (also in 22-535) filed. VIDED.Jan 11, 2023Brief amici curiae of American Federation of Teachers, et al. (also in 22-535) filed. VIDED.Jan 11, 2023Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. (also in 22-535) filed. VIDED.Jan 11, 2023Brief amicus curiae of Former Representative George Miller (also in 22-535) filed. VIDED.Jan 11, 2023Brief amicus curiae of National Education Association (also in 22-535) filed. VIDED.Jan 11, 2023Brief amici curiae of Local Governments filed (also in 22-535). VIDED.Jan 11, 2023Brief amici curiae of Massachusetts, et al. filed (also in 22-535). VIDED.Jan 11, 2023Brief amicus curiae of Professor Lawrence A. Stein in support of none of the parties filed (also in 22-535). VIDED.Jan 12, 2023Brief amicus curiae of Atlantic Legal Foundation (also in 22-535) filed. VIDED.Jan 17, 2023CIRCULATED
Jan 27, 2023Brief of respondents Nebraska, et al. filed. (Distributed)Feb 1, 2023Brief amici curiae of Americans for Prosperity Foundation and Advancing Freedom (also in 22-535) filed. VIDED. (Distributed)Feb 1, 2023Brief amicus curiae of The Foundation for Government Accountability (also in 22-535) filed. VIDED. (Distributed)Feb 2, 2023Brief amici curiae of Former Rep. Howard McKeon, et al. (also in 22-535) filed. VIDED. (Distributed)Feb 2, 2023Brief amici curiae of Empire Center and The Government Justice Center, Inc. (also in 535) filed. VIDED. (Distributed)Feb 2, 2023Brief amicus curiae of America First Policy Institute (also in 22-535) filed. VIDED. (Distributed)Feb 2, 2023Brief amici curiae of Cato Institute and Manhattan Institute filed. VIDED. (Distributed)Feb 3, 2023Brief amicus curiae of American Center for Law and Justice (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amicus curiae of Liberty Justice Center filed. (Distributed)Feb 3, 2023Brief amici curiae of States of Utah, Ohio, and 15 Other States filed. (Distributed)Feb 3, 2023Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed)Feb 3, 2023Brief amicus curiae of The Protect Democracy Project (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amici curiae of Michael W. McConnell, et al. (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amicus curiae of The Buckeye Institute (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amici curiae of Senator Marsha Blackburn and 42 Other Members of the United States Senate (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amicus curiae of New Civil Liberties Alliance (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amici curiae of 128 U.S. Representatives, Including 25 Members of the House Committee on Education and the Workforce (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amici curiae of Hamilton Lincoln Law Institute and Committee for Justice (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amici curiae of Elisabeth Devos, et al. (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amicus curiae of The Chamber of Commerce of the United States of America (also in 22-535) filed. VIDED. (Distributed)Feb 3, 2023Brief amicus curiae of Jed Handelsman Shugerman (also in 22-535) filed. VIDED. (Distributed)Feb 15, 2023Consolidated reply brief of petitioners (also in 22-535) filed. VIDED. (Distributed)Feb 28, 2023Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: James A. Campbell, Solicitor General, Lincoln, Neb.
Jun 30, 2023Application (22A444) DENIED AS MOOT. Judgment REVERSED and case REMANDED. 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.
Jul 18, 2023Record returned to the U.S.C.A.-8th Circuit (1 envelope).
Aug 1, 2023Judgment issued.Recommended Citation: Biden v. Nebraska, SCOTUSblog, https://www.scotusblog.com/cases/biden-v-nebraska-2/