| 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) |
| Questions Presented | |
| Date | Proceedings and Orders |
| Dec 02 2022 | Application (22A489) for a stay, submitted to Justice Alito. |
| Proof of ServiceMain DocumentOther | |
| Dec 02 2022 | Petition for a writ of certiorari before judgment filed. (Response due January 11, 2023) |
| Dec 05 2022 | Response to application (22A489) requested by Justice Alito, due by noon (EST), Wednesday, December 7, 2022. |
| Dec 07 2022 | Response to application from respondent Myra Brown, et al. filed. |
| Main DocumentMain DocumentProof of Service | |
| Dec 08 2022 | Reply of applicant United States Department of Education, et al. filed. |
| Proof of ServiceReply | |
| Dec 12 2022 | Petition GRANTED. |
| Dec 12 2022 | Application (22A489) referred to the Court. |
| 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. |
| Dec 14 2022 | The 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 2022 | In 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 2022 | SET FOR ARGUMENT on Tuesday, February 28, 2023. |
| Dec 20 2022 | Record requested from the U.S.C.A. for the Fifth Circuit. |
| Dec 27 2022 | Record received from the U.S.C.A. 5th Circuit. The record is available on PACER. |
| Dec 28 2022 | Record received from the U.S.D.C. Northern District of Texas. The record was transmitted electronically |
| Jan 04 2023 | Consolidated brief of petitioners filed (also in 22-506). VIDED. |
| Main DocumentCertificate of Word Count | |
| Jan 04 2023 | Consolidated joint appendix filed (also in 22-506). VIDED. |
| Main DocumentProof of Service | |
| Jan 11 2023 | Amicus brief of Borrower Advocacy and Legal Aid Organizations not accepted for filing. (January 11, 2023) |
| Jan 11 2023 | Brief 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 2023 | Brief amici curiae of Six Veterans' Organizations filed (also in 22-506). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2023 | Brief 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 2023 | Brief 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 2023 | Brief amici curiae of Legal Scholars (also in 22-506) filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2023 | Brief 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 2023 | Brief amici curiae of Massachusetts, et al. (also in 22-506) filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2023 | Brief amicus curiae of National Education Association filed. (also in 22-506) VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2023 | Brief 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 2023 | Brief amicus curiae of Former Representative George Miller (also in 22-506) filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 12 2023 | Brief amicus curiae of Atlantic Legal Foundation filed (also in 22-506). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 17 2023 | CIRCULATED |
| Jan 27 2023 | Brief of Myra Brown, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Elizabeth B. Prelogar | Solicitor 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 | ||