Certiorari Granted

No. 22-535

Department of Education, et al. v. Myra Brown, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Brief of Myra Brown, et al. submitted.

CIRCULATED

Brief amicus curiae of Atlantic Legal Foundation filed (also in 22-506). VIDED. (Distributed)

Brief amicus curiae of National Education Association filed. (also in 22-506) VIDED. (Distributed)

Brief amici curiae of Massachusetts, et al. (also in 22-506) filed. VIDED. (Distributed)

Brief amici curiae of Professor Lawrence A. Stein in support of no party (also in 22-506) filed. VIDED. (Distributed)

Brief amici curiae of Legal Scholars (also in 22-506) filed. VIDED. (Distributed)

Brief amici curiae of Samuel L. Bray and William Baude filed (also in 22-506). VIDED. (Distributed)

Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law and 21 Other Organizations filed (also in 22-506). VIDED. (Distributed)

Brief amici curiae of Six Veterans' Organizations filed (also in 22-506). VIDED. (Distributed)

Brief amici curiae of Borrower Advocacy and Legal Aid Organizations (also in 22-506) filed. VIDED. (Distributed)

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

Brief amicus curiae of Former Representative George Miller (also in 22-506) filed. VIDED. (Distributed)

Brief amici curiae of American Federation of Teachers, et al.(also in 22-506) filed. VIDED. (Distributed)

Consolidated joint appendix filed (also in 22-506). VIDED.

Consolidated brief of petitioners filed (also in 22-506). VIDED.

Record received from the U.S.D.C. Northern District of Texas. The record was transmitted electronically

Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.

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 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.

Application (22A489) referred to the Court.

Petition GRANTED.

Reply of applicant United States Department of Education, et al. filed.

Response to application from respondent Myra Brown, et al. filed.

Response to application (22A489) requested by Justice Alito, due by noon (EST), Wednesday, December 7, 2022.

Application (22A489) for a stay, submitted to Justice Alito.

Petition for a writ of certiorari before judgment filed. (Response due January 11, 2023)

Parties

Department of Education, et al., Petitioner, represented by Elizabeth B. Prelogar

Myra Brown, et al., Respondent, represented by John Michael Connolly

Amici Curiae

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

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

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

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

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

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

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

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

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

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

 
Last updated: January 31, 2023