Biden v. Nebraska

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-506	8th Cir.	Feb 28, 2023	Jun 30, 2023	6-3	Roberts	OT 2022

Holding: The Secretary of Education does not have authority under the Higher Education Relief Opportunities for Students Act of 2003 to establish a student loan forgiveness program that will cancel roughly $430 billion in debt principal and affect nearly all borrowers.

Judgment: Reversed and remanded, 6-3, in an opinion by Chief Justice Roberts on June 30, 2023. Justice Barrett filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Sotomayor and Jackson joined.

SCOTUSblog Coverage

Supreme Court strikes down Biden student-loan forgiveness program (Amy Howe, June 30, 2023)
Bidens student-loan forgiveness plan gets cold reception from conservative justices (Amy Howe, February 28, 2023)
From precarious to dire: The financial state of student-loan borrowers following the COVID-19 pandemic (Randi Weingarten, February 23, 2023)
When the president takes lawmaking matters into his own hands, the court must step in (Elizabeth Slattery, February 23, 2023)
Dont let the executive abuse emergency powers to raid the Treasury (Ilya Somin, February 21, 2023)
Partisan priorities and institutional legitimacy in the flawed challenges to student-debt relief (Jonathan D. Glater, February 21, 2023)
In a pair of challenges to student-debt relief, big questions about agency authority and the right to sue (Amy Howe, February 13, 2023)
How ending the COVID emergency will complicate the fight over student-loan forgiveness (James Romoser, February 6, 2023)
Court schedules February arguments on student-loan relief, tech companies liability (Amy Howe, December 19, 2022)
Court adds second challenge to Bidens student-loan relief plan (Amy Howe, December 12, 2022)
Court will review legality of Bidens student-debt relief, but plan remains on hold for now (Amy Howe, December 1, 2022)
Biden administration asks justices to revive student-debt relief plan after lower court blocked it (Amy Howe, November 18, 2022)

Date	Proceedings and Orders (key to color coding)
11/18/2022	Application (22A444) to vacate injunction, submitted to Justice Kavanaugh.
11/18/2022	Petition for a writ of certiorari before judgment filed.
11/18/2022	Response to application (22A444) requested by Justice Kavanaugh, due noon (EST), Wednesday, November 23, 2022.
11/22/2022	Motion for leave to file amicus brief and brief in support of application to vacate injunction filed by Former Representative George Miller.
11/22/2022	Motion for leave to file amicus brief and brief filed by Law Professors.
11/22/2022	Motion for leave to file amicus brief and brief filed by Borrower Advocacy and Legal Aid Organizations in support of applicants.
11/23/2022	Response to application from respondents Nebraska, et al. filed.
11/23/2022	Motion for leave to file amicus brief and brief filed by Fenaba Addo, Alan Aja, Dominique Baker, Raphael Charron-Chenier, Mathieu Despard, Darrick Hamilton, Jason Houle, Martha Ross, Stephen Roll, Louise Seamster, and Thomas Shapiro.
11/23/2022	Motion for leave to file amicus brief and brief filed by Hamilton Lincoln Law Institute.
11/23/2022	Motion for leave to file amicus brief and brief filed by Americans for Prosperity Foundation.
11/23/2022	Motion for leave to file amicus brief and brief filed by American Federation of Teachers in support of applicants.
11/23/2022	Motion for leave to file amicus brief and brief filed by Utah, Ohio, Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Louisiana, Mississippi, Montana, New Hampshire, North Dakota, Oklahoma, Texas, West Virginia, and Wyoming.
11/28/2022	Reply of applicant Joseh R. Biden, et al. filed.
12/01/2022	Application (22A444) referred to the Court.
12/01/2022	Consideration of the application to vacate injunction presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The application to vacate injunction is also treated as a petition for a writ of certiorari before judgment (22-506), and the petition is GRANTED on the questions presented in the application. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session.
12/14/2022	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.
12/14/2022	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.
12/19/2022	SET FOR ARGUMENT on Tuesday, February 28, 2023.
12/20/2022	Record requested from the U.S.C.A. for the Eighth Circuit.
01/04/2023	Consolidated brief of petitioners filed (also in 22-535). VIDED.
01/04/2023	Consolidated joint appendix filed (also in 22-535). VIDED. (Statement of cost filed.)
01/05/2023	Record received from the U.S.C.A.-8th Circuit (1 envelope).
01/11/2023	Brief amicus curiae of Student Loan Experts filed.
01/11/2023	Brief amicus curiae of ArchCity Defenders and Legal Services of Eastern Missouri filed.
01/11/2023	Brief amicus curiae of National Association for the Advancement of Colored People filed.
01/11/2023	Amicus brief of Borrower Advocacy and Legal Aid Organizations not accepted for filing. (January 11, 2023)
01/11/2023	Brief amici curiae of Borrower Advocacy and Legal Aid Organizations filed (also in 22-535). VIDED. (Distributed)
01/11/2023	Brief amici curiae of Six Veterans' Organizations filed (also in 22-535). VIDED.
01/11/2023	Brief amici curiae of Legal Scholars (also in 22-535) filed. VIDED.
01/11/2023	Brief amici curiae of Samuel L. Bray and William Baude (also in 22-535) filed. VIDED.
01/11/2023	Brief amici curiae of American Federation of Teachers, et al. (also in 22-535) filed. VIDED.
01/11/2023	Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. (also in 22-535) filed. VIDED.
01/11/2023	Brief amicus curiae of Former Representative George Miller (also in 22-535) filed. VIDED.
01/11/2023	Brief amicus curiae of National Education Association (also in 22-535) filed. VIDED.
01/11/2023	Brief amici curiae of Local Governments filed (also in 22-535). VIDED.
01/11/2023	Brief amici curiae of Massachusetts, et al. filed (also in 22-535). VIDED.
01/11/2023	Brief amicus curiae of Professor Lawrence A. Stein in support of none of the parties filed (also in 22-535). VIDED.
01/12/2023	Brief amicus curiae of Atlantic Legal Foundation (also in 22-535) filed. VIDED.
01/17/2023	CIRCULATED
01/27/2023	Brief of respondents Nebraska, et al. filed. (Distributed)
02/01/2023	Brief amici curiae of Americans for Prosperity Foundation and Advancing Freedom (also in 22-535) filed. VIDED. (Distributed)
02/01/2023	Brief amicus curiae of The Foundation for Government Accountability (also in 22-535) filed. VIDED. (Distributed)
02/02/2023	Brief amici curiae of Former Rep. Howard McKeon, et al. (also in 22-535) filed. VIDED. (Distributed)
02/02/2023	Brief amici curiae of Empire Center and The Government Justice Center, Inc. (also in 535) filed. VIDED. (Distributed)
02/02/2023	Brief amicus curiae of America First Policy Institute (also in 22-535) filed. VIDED. (Distributed)
02/02/2023	Brief amici curiae of Cato Institute and Manhattan Institute filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of American Center for Law and Justice (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of Liberty Justice Center filed. (Distributed)
02/03/2023	Brief amici curiae of States of Utah, Ohio, and 15 Other States filed. (Distributed)
02/03/2023	Brief amicus curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC filed. (Distributed)
02/03/2023	Brief amicus curiae of The Protect Democracy Project (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of Michael W. McConnell, et al. (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of The Buckeye Institute (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of Senator Marsha Blackburn and 42 Other Members of the United States Senate (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of New Civil Liberties Alliance (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of 128 U.S. Representatives, Including 25 Members of the House Committee on Education and the Workforce (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of Hamilton Lincoln Law Institute and Committee for Justice (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amici curiae of Elisabeth Devos, et al. (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of The Chamber of Commerce of the United States of America (also in 22-535) filed. VIDED. (Distributed)
02/03/2023	Brief amicus curiae of Jed Handelsman Shugerman (also in 22-535) filed. VIDED. (Distributed)
02/15/2023	Consolidated reply brief of petitioners (also in 22-535) filed. VIDED. (Distributed)
02/28/2023	Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: James A. Campbell, Solicitor General, Lincoln, Neb.
06/30/2023	Application (22A444) DENIED AS MOOT. Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Barrett, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined.
07/18/2023	Record returned to the U.S.C.A.-8th Circuit (1 envelope).
08/01/2023	Judgment issued.