Supreme Court of the United States · Official docket →
Department of Education, et al. v. Myra Brown, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-11115
Decided · June 30, 2023
Pre-decision estimate: 46% cert probability (95% interval 32%–61%)
Before the decision, about 11.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before.
Question presented
THE APPLICATION FOR STAY IS ALSO TREATED AS A PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT, 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. EXPEDITED BRIEFING
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
John Michael Connolly
Consovoy McCarthy PLLC
Case
Conference history
—
Amicus briefs
30 merits
(11 supporting pet./neither, 19 respondent)
Argument & decision
Argued February 28, 2023 — Elizabeth B. Prelogar · J. Michael Connolly. Audio and transcript
Decided June 30, 2023. Opinion by Alito.
Proceedings
- Aug 01 2023Judgment issued.
- Jun 30 2023Application No. 22A489 DENIED AS MOOT. Judgment VACATED and case REMANDED in No. 22-535. Alito, J., delivered the opinion for a unanimous Court.
- Jun 30 2023Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Application No. 22A489 denied as moot.
- Feb 28 2023Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: J. Michael Connolly, Arlington, Va.
- Feb 15 2023Consolidated reply brief of petitioners (also in 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of American Center for Law and Justice (also in 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of Landmark Legal Foundation filed. (Distributed)
- Feb 03 2023Brief amici curiae of States of Utah, Ohio, and 15 Other States filed. (Distributed)
- Feb 03 2023Brief amicus curiae of The Protect Democracy Project (also in 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of The Buckeye Institute (also in 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amici curiae of Senator Marsha Blackburn and 42 Other Members of the United States Senate (also in 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of New Civil Liberties Alliance (also in 22-506) 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 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amici curiae of Hamilton Lincoln Law Institute and Committee for Justice (also in 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amici curiae of Elisabeth Devos, et al. (also in 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of The Chamber of Commerce of the United States of America (also in 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amicus curiae of Jed Handelsman Shugerman (also in 22-506) filed. VIDED. (Distributed)
- Feb 03 2023Brief amici curiae of Michael W. McConnell, et al. (also in 22-506) filed. VIDED. (Distributed)
- Feb 02 2023Brief amici curiae of Former Rep. Howard McKeon, et al. (also in 22-506) filed. VIDED. (Distributed)
- Feb 02 2023Brief amici curiae of Empire Center and The Government Justice Center, Inc. (also in 22-506) filed. VIDED. (Distributed)
- Feb 02 2023Brief amicus curiae of America First Policy Institute (also in 22-506) filed. VIDED. (Distributed)
- Feb 02 2023Brief amici curiae of Cato Institute and Manhattan Institute (also in 22-506) filed. VIDED. (Distributed)
- Feb 01 2023Brief amici curiae of Americans for Prosperity Foundation and Advancing Freedom (also in 22-506) filed. VIDED. (Distributed)
- Feb 01 2023Brief amicus curiae of The Foundation for Government Accountability (also in 22-506) filed. VIDED. (Distributed)
- Jan 27 2023Brief of respondents Myra Brown, et al. filed. (Distributed)
- Jan 17 2023CIRCULATED
- Jan 12 2023Brief amicus curiae of Atlantic Legal Foundation filed (also in 22-506). VIDED. (Distributed)
- 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 (also in 22-506) filed. VIDED. (Distributed)
- Jan 11 2023Brief amici curiae of Six Veterans' Organizations filed (also in 22-506). VIDED. (Distributed)
- Jan 11 2023Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law and 21 Other Organizations filed (also in 22-506). VIDED. (Distributed)
- Jan 11 2023Brief amici curiae of Samuel L. Bray and William Baude filed (also in 22-506). VIDED. (Distributed)
- Jan 11 2023Brief amici curiae of Legal Scholars (also in 22-506) filed. VIDED. (Distributed)
- Jan 11 2023Brief amici curiae of Professor Lawrence A. Stein in support of no party (also in 22-506) filed. VIDED. (Distributed)
- Jan 11 2023Brief amici curiae of Massachusetts, et al. (also in 22-506) filed. VIDED. (Distributed)
- Jan 11 2023Brief amicus curiae of National Education Association filed. (also in 22-506) VIDED. (Distributed)
- Jan 11 2023Brief amici curiae of American Federation of Teachers, et al.(also in 22-506) filed. VIDED. (Distributed)
- Jan 11 2023Brief amicus curiae of Former Representative George Miller (also in 22-506) filed. VIDED. (Distributed)
- Jan 04 2023Consolidated brief of petitioners filed (also in 22-506). VIDED.
- Jan 04 2023Consolidated joint appendix filed (also in 22-506). VIDED.
- Dec 28 2022Record received from the U.S.D.C. Northern District of Texas. The record was transmitted electronically
- Dec 27 2022Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.
- Dec 20 2022Record requested from the U.S.C.A. for the Fifth 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 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.
- Dec 12 2022Petition GRANTED.
- Dec 08 2022Reply of applicant United States Department of Education, et al. filed.
- Dec 07 2022Response to application from respondent Myra Brown, et al. filed.
- Dec 05 2022Response to application (22A489) requested by Justice Alito, due by noon (EST), Wednesday, December 7, 2022.
- Dec 02 2022Application (22A489) for a stay, submitted to Justice Alito.
- Dec 02 2022Petition for a writ of certiorari before judgment filed. (Response due January 11, 2023)