| No. 22A489 |
|
| Title: |
Department of Education, et al., Applicants v. Myra Brown, et al. |
| Docketed: | December 2, 2022 |
| Linked with: | 22-535 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (22-11115) |
| Dec 02 2022 | Application (22A489) for a stay, submitted to Justice Alito. Proof of Service Main Document Other |
| 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 Document Main Document Proof of Service |
| Dec 08 2022 | Reply of applicant United States Department of Education, et al. filed. Proof of Service Reply |
| 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. |
| Jun 30 2023 | Application No. 22A489 DENIED AS MOOT. Judgment VACATED and case REMANDED in No. 22-535. Alito, J., delivered the opinion for a unanimous Court. |