Supreme Court of the United States · Official docket →
Joseph R. Biden, President of the United States, et al. v. Nebraska, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-3179
Decided · June 30, 2023
Pre-decision estimate: 41% cert probability (95% interval 26%–59%)
Before the decision, about 10× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before.
Question presented
(1) whether respondents have Article III standing, and (2) whether the plan exceeds the Secretary’s statutory authority or is arbitrary and capricious. EXPEDITED BRIEFING.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
James A. Campbell
Nebraska Attorney General's Office
Case
Conference history
—
Amicus briefs
35 merits
(15 supporting pet./neither, 20 respondent)
Argument & decision
Argued February 28, 2023 — Elizabeth B. Prelogar · James A. Campbell. Audio and transcript
Decided June 30, 2023. Opinion by Roberts, C.J..
Proceedings
- Aug 01 2023Judgment issued.
- Jul 18 2023Record returned to the U.S.C.A.-8th Circuit (1 envelope).
- 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.
- 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.
- Feb 15 2023Consolidated reply brief of petitioners (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of American Center for Law and Justice (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of Liberty Justice Center filed. (Distributed)
- Feb 03 2023Brief amici curiae of States of Utah, Ohio, and 15 Other States filed. (Distributed)
- Feb 03 2023Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed)
- Feb 03 2023Brief amicus curiae of The Protect Democracy Project (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 2023Brief amici curiae of Michael W. McConnell, et al. (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of The Buckeye Institute (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 2023Brief amici curiae of Senator Marsha Blackburn and 42 Other Members of the United States Senate (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of New Civil Liberties Alliance (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 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 03 2023Brief amici curiae of Hamilton Lincoln Law Institute and Committee for Justice (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 2023Brief amici curiae of Elisabeth Devos, et al. (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of The Chamber of Commerce of the United States of America (also in 22-535) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of Jed Handelsman Shugerman (also in 22-535) filed. VIDED. (Distributed)
- Feb 02 2023Brief amici curiae of Former Rep. Howard McKeon, et al. (also in 22-535) filed. VIDED. (Distributed)
- Feb 02 2023Brief amici curiae of Empire Center and The Government Justice Center, Inc. (also in 535) filed. VIDED. (Distributed)
- Feb 02 2023Brief amicus curiae of America First Policy Institute (also in 22-535) filed. VIDED. (Distributed)
- Feb 02 2023Brief amici curiae of Cato Institute and Manhattan Institute filed. VIDED. (Distributed)
- Feb 01 2023Brief amici curiae of Americans for Prosperity Foundation and Advancing Freedom (also in 22-535) filed. VIDED. (Distributed)
- Feb 01 2023Brief amicus curiae of The Foundation for Government Accountability (also in 22-535) filed. VIDED. (Distributed)
- Jan 27 2023Brief of respondents Nebraska, et al. filed. (Distributed)
- Jan 17 2023CIRCULATED
- Jan 12 2023Brief amicus curiae of Atlantic Legal Foundation (also in 22-535) filed. VIDED.
- 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 05 2023Record received from the U.S.C.A.-8th Circuit (1 envelope).
- Jan 04 2023Consolidated brief of petitioners filed (also in 22-535). VIDED.
- Jan 04 2023Consolidated joint appendix filed (also in 22-535). VIDED. (Statement of cost filed.)
- Dec 20 2022Record requested from the U.S.C.A. for the Eighth Circuit.
- Dec 19 2022SET FOR ARGUMENT on Tuesday, February 28, 2023.
- 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 01 2022Application (22A444) referred to the Court.
- Dec 01 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.
- Nov 28 2022Reply of applicant Joseh R. Biden, et al. filed.
- 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 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 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.