Supreme Court of the United States · Official docket →
Everglades College, Inc. v. Linda McMahon, Secretary of Education, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15049 · judgment November 5, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Rebuffed by Congress and this Court in its attempts to cancel student-loan debt en masse, the Biden Administration transmogrified a narrow procedural lawsuit into a sweeping class-action settlement that eliminated $7.5 billion in debt and rewrote student-loan regulations without Congressional authorization. Worse still, the government used the settlement to label 150 nonparty educational institutions guilty of “substantial misconduct” without providing those schools notice or an opportunity to be heard. This settlement was an egregious example of “sue and settle”—i.e., “collusion between advocacy groups and executive officials who want to bind the hands of future policymakers.” Horne v. Flores, 557 U.S. 433, 449 (2009). Several schools injured by their surprise inclusion in the settlement intervened in the district court to challenge the settlement’s legality. After the district court rejected those challenges and approved the settlement, the schools appealed. A split panel of the Ninth Circuit—over a dissent from Judge Collins— held that although the schools suffered Article III injury, they lacked so-called “prudential standing” to challenge or appeal the settlement because it did not inflict “formal legal prejudice.” The question presented is: Whether federal courts may impose a judge-made “prudential standing” bar to block non-settling intervenors from redressing Article III injury imposed on them by a government
Counsel of record
For petitioner
Jesse Michael Panuccio
Boies Schiller Flexner LLP
For respondent
David Sidney Shaffer Nahmias
Project on Predatory Student Lending
Proceedings
- Feb 23 2026Petition DENIED.
- Feb 04 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 30 2026Reply of petitioner Everglades College, Inc. filed.
- Jan 21 2026Brief of respondents Theresa Sweet, et al. in opposition filed.
- Jan 21 2026Brief of respondents Linda McMahon, Secretary of Education, et al. in opposition filed.
- Dec 15 2025The motions to extend the time to file responses are granted and the time is further extended to and including January 21, 2026, for all respondents.
- Dec 12 2025Motion of Theresa Sweet, et al. to extend the time to file a response from December 22, 2025 to January 21, 2026, submitted to The Clerk.
- Dec 11 2025Motion of the Solicitor General to extend the time to file a response from December 22, 2025 to January 21, 2026, submitted to The Clerk.
- Nov 20 2025Brief amici curiae of Defense of Freedom Institute, et al. filed.
- Nov 12 2025Motion to extend the time to file a response is granted and the time is extended to and including December 22, 2025, for all respondents.
- Nov 07 2025Motion of Theresa Sweet, et al. to extend the time to file a response from November 20, 2025 to December 22, 2025, submitted to The Clerk.
- Oct 29 2025Motion to extend the time to file a response is granted and the time is extended to and including December 22, 2025.
- Oct 27 2025Motion to extend the time to file a response from November 20, 2025 to December 22, 2025, submitted to The Clerk.
- Oct 17 2025Petition for a writ of certiorari filed. (Response due November 20, 2025)
- Jul 21 2025Application (25A77) granted by Justice Kagan extending the time to file until October 18, 2025.
- Jul 17 2025Application (25A77) to extend the time to file a petition for a writ of certiorari from August 19, 2025 to October 18, 2025, submitted to Justice Kagan.