No. 22-506
Title:Joseph R. Biden, President of the United States, et al., Petitioners
v.
Nebraska, et al.
Docketed:December 1, 2022
Linked with 22A444
Lower Ct:United States Court of Appeals for the Eighth Circuit
   Case Numbers:(22-3179)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Nov 18 2022Application (22A444) to vacate injunction, submitted to Justice Kavanaugh.
Proof of ServiceMain DocumentLower Court Orders/Opinions
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.
Nov 22 2022Motion for leave to file amicus brief and brief in support of application to vacate injunction filed by Former Representative George Miller.
Main DocumentOtherProof of Service
Nov 22 2022Motion for leave to file amicus brief and brief filed by Law Professors.
Main DocumentProof of ServiceOther
Nov 22 2022Motion for leave to file amicus brief and brief filed by Borrower Advocacy and Legal Aid Organizations in support of applicants.
Main DocumentOtherProof of Service
Nov 23 2022Response to application from respondents Nebraska, et al. filed.
Main DocumentProof of Service
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.
Main DocumentProof of Service
Nov 23 2022Motion for leave to file amicus brief and brief filed by Hamilton Lincoln Law Institute.
Main DocumentMain DocumentMain Document
Nov 23 2022Motion for leave to file amicus brief and brief filed by Americans for Prosperity Foundation.
Main DocumentMain DocumentOtherProof of Service
Nov 23 2022Motion for leave to file amicus brief and brief filed by American Federation of Teachers in support of applicants.
Main DocumentProof of ServiceOther
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.
Main DocumentProof of ServiceOther
Nov 28 2022Reply of applicant Joseh R. Biden, et al. filed.
ReplyProof of Service
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.
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 19 2022SET FOR ARGUMENT on Tuesday, February 28, 2023.
Dec 20 2022Record requested from the U.S.C.A. for the Eighth Circuit.
Jan 04 2023Consolidated brief of petitioners filed (also in 22-535). VIDED.
Main DocumentCertificate of Word Count
Jan 04 2023Consolidated joint appendix filed (also in 22-535). VIDED.
Main DocumentProof of Service
Jan 05 2023Record received from the U.S.C.A.-8th Circuit (1 envelope).
Jan 11 2023Brief amicus curiae of Student Loan Experts filed.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amicus curiae of ArchCity Defenders and Legal Services of Eastern Missouri filed.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amicus curiae of National Association for the Advancement of Colored People filed.
Main DocumentCertificate of Word CountProof of Service
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)
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of Six Veterans' Organizations filed (also in 22-535). VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of Legal Scholars (also in 22-535) filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of Samuel L. Bray and William Baude (also in 22-535) filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of American Federation of Teachers, et al. (also in 22-535) filed. VIDED.
Main DocumentProof of ServiceCertificate of Word Count
Jan 11 2023Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. (also in 22-535) filed. VIDED.
Main DocumentProof of ServiceCertificate of Word Count
Jan 11 2023Brief amicus curiae of Former Representative George Miller (also in 22-535) filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amicus curiae of National Education Association (also in 22-535) filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of Local Governments filed (also in 22-535). VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of Massachusetts, et al. filed (also in 22-535). VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amicus curiae of Professor Lawrence A. Stein in support of none of the parties filed (also in 22-535). VIDED.
Main DocumentProof of ServiceProof of Service
Jan 12 2023Brief amicus curiae of Atlantic Legal Foundation (also in 22-535) filed. VIDED.
Main DocumentProof of ServiceCertificate of Word Count
Jan 17 2023CIRCULATED
Jan 27 2023Brief of Nebraska, et al. submitted.
Main DocumentCertificate of Word CountProof of Service

NAMEADDRESSPHONE
Attorneys for Petitioners
Elizabeth B. PrelogarSolicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

202-514-2217
Party name: Joseph R. Biden, President of the United States, et al.
Attorneys for Respondents
James A. Campbell
    Counsel of Record
Nebraska Attorney General's Office
2115 State Capitol
Lincoln, NE 68509

jim.campbell@nebraska.gov
402-471-2682
Party name: Nebraska, et al.
Other
Boris Bershteyn
    Counsel of Record
Skadden, Arps, Slate, Meagher & Flom LLP
One Manhattan West
New York, NY 10001-8602

boris.bershteyn@skadden.com
212-735-3000
Party name: Six Veterans' Organizations
Elizabeth Napier Dewar
    Counsel of Record
Office of the Attorney General
One Ashburton Place
Boston, MA 02108

bessie.dewar@mass.gov
617-963-2204
Party name: Massachusetts et al.
Jeffrey Benjamin Dubner
    Counsel of Record
Democracy Forward Foundation
P.O. Box 34553
Washington, DC 20043

Jdubner@democracyforward.org
(202) 383-0794
Party name: Legal Scholars
Lawrence S. Ebner
    Counsel of Record
Atlantic Legal Foundation
1701 Pennsylvania Ave NW, Suite 200
Washington, DC 20006

lawrence.ebner@atlanticlegal.org
202-729-6337
Party name: Atlantic Legal Foundation
Brianne Jenna Gorod
    Counsel of Record
Constitutional Accountability Center
1200 18th Street, NW
Suite 501
Washington, DC 20036

brianne@theusconstitution.org
202 296 6889
Party name: Former Representative George Miller
David G. Hinojosa
    Counsel of Record
Lawyers’ Committee For Civil Rights Under Law
1500 K Street, NW, Suite 900
Washington, DC 20005

dhinojosa@lawyerscommittee.org
(202) 662-8600
Party name: Lawyers’ Committee For Civil Rights Under Law and 21 Other Organizations
Yelena Konanova
    Counsel of Record
Selendy Gay Elsberg PLLC
1290 Avenue of the Americas
New York, NY 10104

lkonanova@selendygay.com
(212) 390-9010
Party name: American Federation of Teachers; American Association of University Professors; and American Federation of State, County and Municipal Employees
Seth E. Mermin
    Counsel of Record
UCBerkeley Ctr for Consumer Law & Economic Justice
UC Berkeley School of Law
Suite 308
Berkeley, CA 94720-7200

tmermin@law.berkeley.edu
(510) 393-8254
Party name: Arch City Defenders and Legal Services of Eastern Missouri
Jonathan B. Miller
    Counsel of Record
Public Rights Project
490 43rd Street
#115
Oakland, CA 94609

jon@publicrightsproject.org
6468316113
Party name: Local Governments
Alice Margaret O'Brien
    Counsel of Record
National Education Association
1201 16th Street, NW
Washington, DC 20036

aobrien@nea.org
202 822 7035
Party name: National Education Association
Joshua David Rovenger
    Counsel of Record
Legal Aid Society of Cleveland
1223 W. 6th Street
Cleveland, OH 44113

jrovenger@lasclev.org
12162977973
Party name: Borrower Advocacy and Legal Aid Organizations
Melissa Arbus Sherry
    Counsel of Record
Latham & Watkins LLP
555 Eleventh Street, NW
Suite 1000
Washington, DC 20004

melissa.sherry@lw.com
202-637-2200
Party name: Samuel L. Bray and William Baude
Andrew D. Silverman
    Counsel of Record
Orrick, Herrington & Sutcliffe LLP
51 West 52nd Street
New York, NY 10019

asilverman@orrick.com
212-506-3727
Party name: National Association for the Advancement of Colored People
Lawrence A. Stein
    Counsel of Record
Northern Illinois University
Swen Parson Hall
Dekalb, IL 60115

l-stein@niu.edu
3129295741
Party name: Professor Lawrence A. Stein
Christopher J. Wright
    Counsel of Record
HWG LLP
1919 M Street NW #800
Washington, DC 20036

cwright@hwglaw.com
202-730-1325
Party name: Student Loan Experts