Decided

No. 22-506

Joseph R. Biden, President of the United States, et al. v. Nebraska, et al.

from the United States Court of Appeals for the Eighth Circuit

See other cases from the Eighth Circuit.

Docket Entries

Judgment issued.

Record returned to the U.S.C.A.-8th Circuit (1 envelope).

Application (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.

Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: James A. Campbell, Solicitor General, Lincoln, Neb.

Consolidated reply brief of petitioners (also in 22-535) filed. VIDED. (Distributed)

Brief amici curiae of Cato Institute and Manhattan Institute filed. VIDED. (Distributed)

Brief amicus curiae of The Foundation for Government Accountability (also in 22-535) filed. VIDED. (Distributed)

Brief of respondents Nebraska, et al. filed. (Distributed)

CIRCULATED

Brief amicus curiae of Atlantic Legal Foundation (also in 22-535) filed. VIDED.

Brief amicus curiae of Student Loan Experts filed.

Brief amicus curiae of National Education Association (also in 22-535) filed. VIDED.

Brief amicus curiae of Former Representative George Miller (also in 22-535) filed. VIDED.

Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. (also in 22-535) filed. VIDED.

Brief amicus curiae of Professor Lawrence A. Stein in support of none of the parties filed (also in 22-535). VIDED.

Brief amici curiae of Massachusetts, et al. filed (also in 22-535). VIDED.

Brief amici curiae of Local Governments filed (also in 22-535). VIDED.

Brief amici curiae of Samuel L. Bray and William Baude (also in 22-535) filed. VIDED.

Brief amici curiae of Legal Scholars (also in 22-535) filed. VIDED.

Brief amici curiae of Six Veterans' Organizations filed (also in 22-535). VIDED.

Brief amici curiae of Borrower Advocacy and Legal Aid Organizations filed (also in 22-535). VIDED. (Distributed)

Brief amicus curiae of ArchCity Defenders and Legal Services of Eastern Missouri filed.

Brief amicus curiae of National Association for the Advancement of Colored People filed.

Brief amici curiae of American Federation of Teachers, et al. (also in 22-535) filed. VIDED.

Amicus brief of Borrower Advocacy and Legal Aid Organizations not accepted for filing. (January 11, 2023)

Record received from the U.S.C.A.-8th Circuit (1 envelope).

Consolidated brief of petitioners filed (also in 22-535). VIDED.

Record requested from the U.S.C.A. for the Eighth Circuit.

SET FOR ARGUMENT on Tuesday, February 28, 2023.

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.

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.

Consideration 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.

Application (22A444) referred to the Court.

Reply of applicant Joseh R. Biden, et al. filed.

Motion 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.

Motion for leave to file amicus brief and brief filed by American Federation of Teachers in support of applicants.

Motion for leave to file amicus brief and brief filed by Americans for Prosperity Foundation.

Motion for leave to file amicus brief and brief filed by Hamilton Lincoln Law Institute.

Motion 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.

Response to application from respondents Nebraska, et al. filed.

Motion for leave to file amicus brief and brief filed by Borrower Advocacy and Legal Aid Organizations in support of applicants.

Motion for leave to file amicus brief and brief filed by Law Professors.

Motion for leave to file amicus brief and brief in support of application to vacate injunction filed by Former Representative George Miller.

Petition for a writ of certiorari before judgment filed.

Response to application (22A444) requested by Justice Kavanaugh, due noon (EST), Wednesday, November 23, 2022.

Application (22A444) to vacate injunction, submitted to Justice Kavanaugh.

Parties

Joseph R. Biden, President of the United States, et al., Petitioner, represented by Elizabeth B. Prelogar

Nebraska, et al., Respondent, represented by James A. Campbell

Amici Curiae

128 U.S. Representatives, Including 25 Members of the House Committee on Education and the Workforce, Amicus Curiae, represented by R. Trent McCotter

America First Policy Institute, Amicus Curiae, represented by Craig William Trainor

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

American Federation of Teachers; American Association of University Professors; and American Federation of State, County and Municipal Employees, Amicus Curiae, represented by Yelena Konanova

Americans for Prosperity Foundation and Advancing American Freedom, Amicus Curiae, represented by Michael David Pepson

Arch City Defenders and Legal Services of Eastern Missouri, Amicus Curiae, represented by Seth E. Mermin

Atlantic Legal Foundation, Amicus Curiae, represented by Lawrence S. Ebner

Borrower Advocacy and Legal Aid Organizations, Amicus Curiae, represented by Joshua David Rovenger

Cato Institute, Amicus Curiae, represented by Anastasia Paulinna Boden

Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC, Amicus Curiae, represented by William Jeffrey Olson

Elisabeth Devos, Margaret Spellings, Roderick Paige, Lamar Alexander, Dr. William Bennett, And Defense of Freedom Institute For Policy Studies In Support Of Respondents, Amicus Curiae, represented by Alex Akerman

Empire Center for Public Policy, Inc. and Government Justice Center, Inc., Amicus Curiae, represented by Misha Tseytlin

Former Representative George Miller, Amicus Curiae, represented by Brianne Jenna Gorod

Hamilton Lincoln Law Institute and Committee for Justice, Amicus Curiae, represented by Theodore Harold Frank

Lawyers’ Committee For Civil Rights Under Law and 21 Other Organizations, Amicus Curiae, represented by David G. Hinojosa

Legal Scholars, Amicus Curiae, represented by Jeffrey Benjamin Dubner

Liberty Justice Center, Amicus Curiae, represented by Daniel Robert Suhr

Local Governments, Amicus Curiae, represented by Jonathan B. Miller

Massachusetts et al., Amicus Curiae, represented by Elizabeth Napier Dewar

Michael W. McConnell, William P. Barr, John Cogan, Mitch Daniels, Christopher DeMuth, C. Boyden Gray, James C. Miller III, John Michael "Mick" Mulvaney, Michael B. Mukasey, John B. Taylor, and Peter J. Wallison, Amicus Curiae, represented by William Ranney Levi

National Association for the Advancement of Colored People, Amicus Curiae, represented by Andrew D. Silverman

National Education Association, Amicus Curiae, represented by Alice Margaret O'Brien

New Civil Liberties Alliance, Amicus Curiae, represented by Markham Sterling Chenoweth

Pacific Legal Foundation, Rep. Howard McKeon, Rep. John Kline, Rep. John Boehner, Amicus Curiae, represented by Caleb Joseph Kruckenberg

Professor Lawrence A. Stein, Amicus Curiae, represented by Lawrence A. Stein

Prof. Jed Handelsman Shugerman, Amicus Curiae, represented by Brian Himanshu Pandya

Samuel L. Bray and William Baude, Amicus Curiae, represented by Melissa Arbus Sherry

Senator Marsha Blackburn and 42 Other Members of the United States Senate, Amicus Curiae, represented by Steven Andrew Engel

Six Veterans' Organizations, Amicus Curiae, represented by Boris Bershteyn

States of Utah, Ohio, and 15 Other States, Amicus Curiae, represented by Melissa Ann Holyoak

Student Loan Experts, Amicus Curiae, represented by Christopher J. Wright

The Buckeye Institute, Amicus Curiae, represented by David Christian Tryon

The Chamber of Commerce of the United States of America, Amicus Curiae, represented by Robert Edward Dunn

The Foundation for Government Accountability, Amicus Curiae, represented by Stewart Lee Whitson

The Protect Democracy Project, Amicus Curiae, represented by Justin Grant Florence

 
Last updated: April 12, 2024