Supreme Court of the United States · Official docket →
Department of Education, et al. v. Career Colleges and Schools of Texas
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-50491 · judgment April 4, 2024
Before the decision, about 10× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.
Questions presented
The Higher Education Act of 1965 (Education Act or Act), 20 U.S.C. 1070 et seq., permits borrowers of federal student loans to assert defenses to their federal repayment obligations based on, inter alia, misconduct of the borrower’s school. See 20 U.S.C. 1087e(h). The Act also directs the Secretary of Education to “specify in regulations which acts or omissions of an institution of higher education a borrower may assert as a defense to repayment of a loan.” Ibid. For decades, the Department of Education has permitted borrowers to present such defenses directly to the Department prior to and during formal collection efforts. At issue in this case is a rule that refines the administrative processes the Department uses to review asserted defenses, including by strengthening the process for group resolution of defenses with common facts, in response to substantial backlogs and related problems that have impaired the Department’s operations. In this suit brought by an association of schools in Texas, the Fifth Circuit suspended the implementation of those provisions of the regulation on a universal basis. The questions presented are:
-
Whether the court of appeals erred in holding that the Education Act does not permit the assessment of borrower defenses to repayment before default, in administrative proceedings, or on a group basis.
-
Whether the court of appeals erred in ordering the district court to enter preliminary relief on a universal basis. GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. AUGUST 11, 2025: CASE DISMISSED - RULE 46
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Paul D. Clement
Clement & Murphy, PLLC
Proceedings
- Aug 11 2025Case Dismissed - Rule 46.
- Aug 08 2025Letter from petitioner notifying Clerk of forthcoming dismissal.
- Aug 08 2025Stipulation of dismissal under Rule 46.1 filed.
- Jul 09 2025Motion to dispense with printing the joint appendix filed by petitioner Department of Education, et al.
- Jul 08 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 20, 2025. The time to file respondent's brief on the merits is extended to and including October 2, 2025. The reply brief is to be filed in compliance with Rule 25.3.
- Jul 02 2025Motion for an extension of time to file the briefs on the merits filed.
- Jun 23 2025Motion of petitioners to resume merits briefing GRANTED.
- Jun 16 2025Motion DISTRIBUTED for Conference of 6/18/2025.
- May 29 2025Motion to resume merits briefing filed by petitioners Department of Education, et al.
- Feb 06 2025Motion to hold the briefing schedule in abeyance GRANTED.
- Jan 24 2025Motion to hold the briefing schedule in abeyance filed by petitioners Department of Education, et al.
- Jan 10 2025Petition GRANTED limited to Question 1 presented by the petition.
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 23 2024Reply of petitioners Department of Education, et al. filed. (Distributed)
- Dec 13 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners. (Corrected letter efiled and uploaded 12/17/24)
- Dec 12 2024Brief of respondent Career Colleges and Schools of Texas in opposition filed.
- Nov 12 2024Brief amici curiae of Public Citizen, et al. filed.
- Oct 17 2024Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2024.
- Oct 16 2024Motion to extend the time to file a response from November 12, 2024 to December 12, 2024, submitted to The Clerk.
- Oct 10 2024Petition for a writ of certiorari filed. (Response due November 12, 2024)
- Aug 29 2024Application (24A221) to extend the time to file a petition for a writ of certiorari from September 10, 2024 to October 10, 2024, submitted to Justice Alito.
- Aug 29 2024Application (24A221) granted by Justice Alito extending the time to file until October 10, 2024.