No. 22A489
Title:Department of Education, et al., Applicants
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)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Dec 02 2022Application (22A489) for a stay, submitted to Justice Alito.
Proof of ServiceMain DocumentOther
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 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.
Jun 30 2023Application No. 22A489 denied as moot. Judgment VACATED and case REMANDED in No. 22-535. Alito, J., delivered the opinion for a unanimous Court.

Attorneys for Petitioners
Elizabeth B. Prelogar
    Counsel of Record
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Party name: United States 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
Party name: Myra Brown, et al.