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

Application · United States Court of Appeals for the Fifth Circuit, No. 22-11115

Application denied · June 30, 2023

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
John Michael Connolly
Consovoy McCarthy PLLC

Case

Conference history
—

Linked docket
22-535

Argument & decision

Decided June 30, 2023. Opinion by Alito.

Proceedings

  1. Jun 30 2023
    Application No. 22A489 DENIED AS MOOT. Judgment VACATED and case REMANDED in No. 22-535. Alito, J., delivered the opinion for a unanimous Court.
  2. Dec 12 2022
    Application (22A489) referred to the Court.
  3. Dec 12 2022
    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.
  4. Dec 08 2022
    Reply of applicant United States Department of Education, et al. filed.
    Proof of ServiceReply
  5. Dec 07 2022
    Response to application from respondent Myra Brown, et al. filed.
    Main DocumentMain DocumentProof of Service
  6. Dec 05 2022
    Response to application (22A489) requested by Justice Alito, due by noon (EST), Wednesday, December 7, 2022.
  7. Dec 02 2022
    Application (22A489) for a stay, submitted to Justice Alito.
    Proof of ServiceMain DocumentOther