No. 22-535
Title:Department of Education, et al., Petitioners
v.
Myra Brown, et al.
Docketed:December 12, 2022
Linked with 22A489
Lower Ct:United States Court of Appeals for the Fifth Circuit
   Case Numbers:(22-11115)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Dec 02 2022Application (22A489) for a stay, submitted to Justice Alito.
Proof of ServiceMain DocumentOther
Dec 02 2022Petition for a writ of certiorari before judgment filed. (Response due January 11, 2023)
Dec 05 2022Response to application (22A489) requested by Justice Alito, due by noon (EST), Wednesday, December 7, 2022.
Dec 07 2022Response to application from respondent Myra Brown, et al. filed.
Main DocumentMain DocumentProof of Service
Dec 08 2022Reply of applicant United States Department of Education, et al. filed.
Proof of ServiceReply
Dec 12 2022Petition GRANTED.
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 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 Fifth Circuit.
Dec 27 2022Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.
Dec 28 2022Record received from the U.S.D.C. Northern District of Texas. The record was transmitted electronically
Jan 04 2023Consolidated brief of petitioners filed (also in 22-506). VIDED.
Main DocumentCertificate of Word Count
Jan 04 2023Consolidated joint appendix filed (also in 22-506). VIDED.
Main DocumentProof 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 (also in 22-506) filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of Six Veterans' Organizations filed (also in 22-506). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law and 21 Other Organizations filed (also in 22-506). VIDED. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Jan 11 2023Brief amici curiae of Samuel L. Bray and William Baude filed (also in 22-506). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of Legal Scholars (also in 22-506) filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of Professor Lawrence A. Stein in support of no party (also in 22-506) filed. VIDED. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Jan 11 2023Brief amici curiae of Massachusetts, et al. (also in 22-506) filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amicus curiae of National Education Association filed. (also in 22-506) VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 11 2023Brief amici curiae of American Federation of Teachers, et al.(also in 22-506) filed. VIDED. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Jan 11 2023Brief amicus curiae of Former Representative George Miller (also in 22-506) filed. VIDED. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Jan 12 2023Brief amicus curiae of Atlantic Legal Foundation filed (also in 22-506). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 17 2023CIRCULATED
Jan 27 2023Brief of Myra Brown, 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: Department of Education, et al.
Attorneys for Respondents
John Michael Connolly
    Counsel of Record
Consovoy McCarthy PLLC
1600 Wilson Blvd
Suite 700
Arlington, VA 22209

mike@consovoymccarthy.com
703-243-9423
Party name: Myra Brown, 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
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
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