Judgment issued.

Judgment VACATED and case REMANDED. Alito, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-535_i3kn.pdf'>opinion</a> for a unanimous Court. Application No. 22A489 denied as moot.

Application No. 22A489 DENIED AS MOOT. Judgment VACATED and case REMANDED in No. 22-535. Alito, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-535_i3kn.pdf'>opinion</a> for a unanimous Court.

Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: J. Michael Connolly, Arlington, Va.

Brief amicus curiae of Landmark Legal Foundation filed. (Distributed)

Brief amici curiae of States of Utah, Ohio, and 15 Other States filed. (Distributed)

Brief of respondents Myra Brown, et al. filed. (Distributed)

CIRCULATED

Record received from the U.S.D.C. Northern District of Texas. The record was transmitted electronically

Record received from the U.S.C.A. 5th Circuit. The record is available on PACER.

Record requested from the U.S.C.A. for the Fifth Circuit.

SET FOR ARGUMENT on Tuesday, February 28, 2023.

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.

Petition GRANTED.

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.

Application (22A489) referred to the Court.

Reply of applicant United States Department of Education, et al. filed.

Response to application from respondent Myra Brown, et al. filed.

Response to application (22A489) requested by Justice Alito, due by noon (EST), Wednesday, December 7, 2022.

Application (22A489) for a stay, submitted to Justice Alito.

Petition for a writ of certiorari before judgment filed. (Response due January 11, 2023)