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Docket for 22A489
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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)
Proceedings and Orders
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.
Attorneys
Attorneys for Petitioners
Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
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
mike@consovoymccarthy.com
Ph: 7032439423
Party name: Myra Brown, et al.
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