Case: State of Nebraska v. Biden

4:22-cv-01040 | U.S. District Court for the Eastern District of Missouri

Filed Date: Sept. 29, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves one of many challenges to President Biden's executive action to cancel specified amounts of federal student debt. On September 29, 2022, the states of South Carolina, Arkansas, Missouri, Iowa, Nebraska and Kansas filed a suit in the U.S. District Court for the Eastern District of Missouri against President Biden, Department of Education Secretary Miguel Cardona (the Secretary), and the U.S. Department of Education (DOE). The states alleged that the debt cancellation plan woul…

This case involves one of many challenges to President Biden's executive action to cancel specified amounts of federal student debt. On September 29, 2022, the states of South Carolina, Arkansas, Missouri, Iowa, Nebraska and Kansas filed a suit in the U.S. District Court for the Eastern District of Missouri against President Biden, Department of Education Secretary Miguel Cardona (the Secretary), and the U.S. Department of Education (DOE). The states alleged that the debt cancellation plan would cause them economic injury, and that the plan was an unlawful regulatory action because it contravened the separation of powers doctrine and the Administrative Procedure Act by exceeding statutory authority and being arbitrary and capricious. The states sought declaratory and injunctive relief and attorney's fees.

The states argued that President Biden's plan was an unlawful use of the 2003 Higher Education Relief Opportunities for Students (HEROES) Act. The HEROES Act authorizes the Secretary of Education to waive or modify any student financial assistance programs the Secretary deems necessary in a war, military operation, or national emergency. President Trump declared the Covid-19 pandemic a national emergency in March 2020. On August 24, 2022, President Biden announced his debt relief plan: to provide up to $20,000 of debt relief to Pell Grant recipients with federal loans and up to $10,000 to non-Pell Grant recipients; provided those in either category made less than $125,000 in income during 2020 or 2021. However, the plaintiff-states argued that this was an unprecedented and unlawful use of the HEROES Act, which in their view required any relief to be tailored to the actual financial harm suffered during the emergency. They argued that President Biden's solution was not tailored to how the pandemic affected individual borrowers seeking relief (borrowers would get the same flat amount of relief even if their income rose during the pandemic) and doesn't take into account that many borrowers did not need relief, since loans already did not charge interest during the pandemic. Last, throughout the litigation, the plaintiff-states have invited courts to use the “major questions doctrine,” a Justice-made doctrine where courts are less likely to uphold a federal agency’s actions if they determine that this action touches upon a matter of “vast ‘economic and political significance.’”

In addition to seeking a permanent injunction in their complaint, the states on the same day (September 29) motioned for a preliminary injunction and Temporary Restraining Order—although they withdrew the request for a Temporary Restraining Order on October 17. On October 20, Judge Henry Edward Autrey dismissed the motion for a preliminary injunction. Judge Autrey reasoned that Missouri was not connected enough to Missouri's Higher Education Loan Authority to establish a potential injury to Missouri itself. Further, Arkansas's and Nebraska's attempt to show injury relied on borrowers' supposed ability to consolidate one type of loan, Federal Family Education loans, into another type, direct loans—an ability the Department had since discontinued. Many of the states also argued they would be injured by lost tax revenues; however Judge Autrey said that was too speculative. Therefore, the Court dismissed the case for a lack of standing since the parties did not have the capacity to bring the suit. 2022 WL 11728905.

The next day, October 21, the States motioned for a relief, requesting an injunction pending appeal or a temporary administrative stay, given their plan to appeal. However, Judge Autrey immediately denied this request. The States filed an appeal with the U.S. Court of Appeals for the Eighth Circuit that day as well, and the Eight Circuit agreed to hear the issue. On November 14, Judges Bobby Shepherd, Ralph Erickson, and Leonard Grasz granted the emergency injunction pending appeal, reasoning that Missouri and their Higher Education Loan Authority were closely related enough administratively, or at least in second-order impacts, to establish standing. The Judges balanced the parties' interests against one another by saying that the Secretary pressing forward with the plan would cause an irreversible impact to the States, but no impact to the borrowers, since borrowers' debt will still not accrue interest until January 2023. Further, the Court enjoined the Secretary from forgiving debt in any U.S. state, not just the within the plaintiff's states, since national forgiveness would negatively impact the plaintiff-states. 52 F.4th 1044.

On November 18, 2022, President Biden appealed the Eighth Circuit's decision to the Supreme Court, asking for an expedited hearing. Justice Brett Kavanaugh (who covers the Eighth Circuit) had the authority to decide whether it would be heard. On December 1, the Supreme Court granted cert, scheduling oral argument for February 2023. Until then, the injunction will remain in place. Oral argument may be consolidated with Brown v. Department of Education, another challenge to loan forgiveness for which the Supreme Court has granted cert and scheduled oral argument for February 2023

Summary Authors

Sophia Bucci (11/30/2022)

Documents in the Clearinghouse

Document

22-A-00444

Supreme Court Docket

Biden v. Nebraska

Supreme Court of the United States

Nov. 18, 2022

Nov. 18, 2022

Docket
1

4:22-cv-01040

Complaint

Sept. 29, 2022

Sept. 29, 2022

Complaint
44

4:22-cv-01040

Opinion, Memorandum, and Order

Oct. 20, 2022

Oct. 20, 2022

Order/Opinion
50

4:22-cv-01040

Opinion, Memorandum, and Order

Oct. 20, 2022

Oct. 20, 2022

Order/Opinion

22-03179

Opinion

Nebraska v. Biden

U. S. Court of Appeals for the Eighth Circuit

Nov. 14, 2022

Nov. 14, 2022

Order/Opinion

22-A-00444

Application to Vacate the Injunction Entered by the United States Court of Appeals for the Eighth Circuit

Biden v. Nebraska

Supreme Court of the United States

Nov. 18, 2022

Nov. 18, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65654328/state-of-nebraska-v-biden/

Last updated Nov. 30, 2022, 9:40 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant All Defendants with receipt number AMOEDC-9532317, in the amount of $402 Non-Jury Demand,, filed by State of South Carolina, State of Arkansas, State of Missouri, State of Iowa, State of Nebraska, State of Kansas. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Original Filing Form Original Filing Form, # 3 Summons Secretary Miguel Cardona, # 4 Summons U.S. Attorney General, # 5 Summons Dept. of Education, # 6 Summons U.S. Attorney, # 7 Summons President Joseph R. Biden)(Talent, Michael) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

Clearinghouse
2

MOTION for Leave to Exceed the Page Limit for Memorandum in Support of their Motions for TRO and Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Talent, Michael) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
3

MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Talent, Michael) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
4

(Document Withdrawn Per Order #39 dated 10/17/22) MOTION for Temporary Restraining Order by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Attachments: # 1 Text of Proposed Order Proposed Order)(Talent, Michael) Modified on 10/17/2022 (EAB). (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
5

MEMORANDUM in Support of Motion re 4 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction filed by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Attachments: # 1 Attachment Decl. of Michael E. Talent, # 2 Attachment Decl. of Michael Walden-Newman, # 3 Attachment Decl. of James A. Campbell, # 4 Attachment Decl. of Tony Williams)(Talent, Michael) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
6

ENTRY of Appearance by James A. Campbell for Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
7

ENTRY of Appearance by Dylan L. Jacobs for Plaintiff State of Arkansas. (Jacobs, Dylan) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
8

NOTICE Request for Hearing on Motion for Temporary Restraining Order: by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina re 4 MOTION for Temporary Restraining Order (Campbell, James) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
9

REASSIGNMENT ORDER (GJL)..The above styled and numbered case was opened on September 29, 2022. Due to a clerical error, this case was assigned to the Honorable Audrey G. Fleissig, United States District Judge. Therefore, this case must be reassigned. Accordingly, IT IS THEREFORE ORDERED that the above-styled cause is randomly reassigned to the Honorable Henry E. Autrey, United States District Judge. (JDC) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
10

ENTRY of Appearance by Samuel Paul Langholz for Plaintiff State of Iowa. (Langholz, Samuel) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER

Case Opening Notification. Judge Assigned: Honorable Audrey G. Fleissig. 5 Summons(es) issued and emailed to Attorney Michael E. Talent. (JDC)

Sept. 29, 2022

Sept. 29, 2022

PACER
11

Docket Text ORDER: Re: 2 MOTION for Leave to Exceed the Page Limit for Memorandum in Support of their Motions for TRO and Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina; LEAVE TO EXCEED PAGE LIMITATION IS GRANTED, BUT NOT TO EXCEED 45 PAGES. SO ORDERED. Signed by District Judge Henry Edward Autrey on 9/30/22. (EAB) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
12

ORDER: IT IS HEREBY ORDERED that consistent with conference discussions, Plaintiff's Motion for Temporary Restraining Order [Doc # 4 ] is set for hearing on October 4, 2022, at 10:00 a.m. in the courtroom of the undersigned. Respondents are to file reply to the Motion for Temporary Restraining Order by 4:00 p.m. Monday, October 3, 2022. (Motion Hearing set for 10/4/2022 10:00 AM in Courtroom 10N - St. Louis before District Judge Henry Edward Autrey. Response to Court due by 10/3/2022) Signed by District Judge Henry Edward Autrey on 9/30/2022. (JEB) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
13

NOTICE OF PROCESS SERVER by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina Process Server: Same Day Process Service (Attachments: # 1 Summons U.S. Attorney General)(Talent, Michael) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
14

STIPULATION re 4 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
15

ENTRY of Appearance by Robert Charles Merritt for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Merritt, Robert) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
16

Docket Text ORDER: re: 14 STIPULATION re 4 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina ; SO ORDERED. Signed by District Judge Henry Edward Autrey on 10/3/2022. (JEB) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
17

ORDER. IT IS HEREBY ORDERED that the hearing on Plaintiff's MOTION for Temporary Restraining Order [Doc # 4 ] set for hearing on October 4, 2022, is VACATED. IT IS FURTHER ORDERED that Defendants' response to Plaintiff's Motion for a Preliminary Injunction is due Friday, October 7, 2022, and Plaintiffs' reply is due Tuesday, October 11, 2022. IT IS FINALLY ORDERED that oral argument on Plaintiff's Motion for Preliminary Injunction is set for October 12, 2022, at 10:30 a.m. in the courtroom of the undersigned. (Motion Hearing set for 10/12/2022 10:30 AM in Courtroom 10N - St. Louis before District Judge Henry Edward Autrey) Signed by District Judge Henry Edward Autrey on 10/3/2022. (HMA) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
18

ENTRY of Appearance by Shannon Marie Grammel for Plaintiff State of Kansas. (Grammel, Shannon) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
19

NOTICE: The United States Judicial Conference has authorized a pilot program permitting certain district courts to livestream audio of proceedings in civil cases of public interest with the consent of the parties. This Court is a participant in that program, and the parties in the present matter have agreed through counsel to permit the Court to livestream audio of the arguments on Plaintiffs' Motion for Preliminary Injunction set for October 11, 2022 at 10:30 a.m., CST. Under Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited. Members of the public who wish to listen to the hearing via Internet on the Court's YouTube channel may do so at: https://www.youtube.com/channel/UCIWD5tA9DvZskM37uuuPBMg/. This is livestream audio only. Signed by District Judge Henry Edward Autrey on 10/6/2022. (HMA) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
20

ENTRY of Appearance by Brian David Netter for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Netter, Brian) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
21

AMENDED NOTICE. The United States Judicial Conference has authorized a pilot program permitting certain district courts to livestream audio of proceedings in civil cases of public interest with the consent of the parties. This Court is a participant in that program, and the parties in the present matter have agreed through counsel to permit the Court to livestream audio of the arguments on Plaintiffs' Motion for Preliminary Injunction set for October 12, 2022 at 10:30 a.m., Central Time. Under Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited. Members of the public who wish to listen to the hearing via Internet on the Court's YouTube channel may do so at: https://www.youtube.com/channel/UCIWD5tA9DvZskM37uuuPBMg/. This is livestream audio only. Signed by District Judge Henry Edward Autrey on 10/7/2022. (CBL) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
22

SUMMONS Returned Executed filed by State of Missouri. Defendant Miguel Cardona served on 9/30/2022, answer due 11/29/22. (Talent, Michael) Modified on 10/13/2022 (EAB). (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
23

SUMMONS Returned Executed filed by State of Missouri. Defendant United States Department of Education served on 9/30/2022, answer due 11/29/2022. (Talent, Michael) Modified on 10/13/2022 (EAB). (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
24

SUMMONS Returned Executed filed by State of Missouri. Defendant Joseph R. Biden, Jr served on 9/30/2022, answer due 11/29/2022. (Talent, Michael) Modified on 10/13/2022 (EAB). (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
25

Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Merritt, Robert) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
26

ENTRY of Appearance by Cody Taylor Knapp for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Knapp, Cody) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
27

MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction filed by Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Attachments: # 1 Exhibit 1 (Kvaal Declaration))(Merritt, Robert) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
28

ENTRY of Appearance by Dean John Sauer for Plaintiff State of Missouri. (Sauer, Dean) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
29

Docket Text ORDER: Re 25 Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Joseph R. Biden, Jr3, Miguel Cardona, United States Department of Education; ORDERED GRANTED. Signed by District Judge Henry Edward Autrey on 10/11/22. (EAB) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
30

MOTION for Leave to File in Excess of Page Limitation for Reply Memorandum in support of Motion for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
31

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Attachments: # 1 Exhibit Campbell Declaration)(Campbell, James) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
32

ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Henry Edward Autrey: Motion Hearing held on 10/12/2022. Oral argument heard from both sides re 3 MOTION for Preliminary Injunction filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. Matter taken under submission by the Court. (Court Reporter:Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978) (proceedings started: 10:34 am) (proceedings ended: 12:30 pm) (Deputy Clerk: E. Brown)(Appearance for Plaintiff: James Campbell, Michael Talent, Dean John Sauer)(Appearance for Defendant: Brian Netter, Cody Knapp) (EAB) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
33

Docket Text ORDER: Re: 30 MOTION for Leave to File in Excess of Page Limitation for Reply Memorandum in support of Motion for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina; ORDERED GRANTED. Signed by District Judge Henry Edward Autrey on 10/12/2022. (JEB) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
34

ENTRY of Appearance by Samuel Rebo for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Rebo, Samuel) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
35

TRANSCRIPT ORDER REQUEST for 32 (MOTION HEARING) by State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Talent, Michael) (Request forwarded to court reporter A. Daley 10/14/22)(JEB). (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
36

TRANSCRIPT ORDER REQUEST for 32 (MOTION HEARING) by Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Knapp, Cody)(Request forwarded to court reporter A. Daley 10/14/22)(JEB). (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
37

TRANSCRIPT of 32 (Preliminary Injunction Hearing) held on 10/12/22 before Judge Autrey. Court Reporter/Transcriber Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/12/2023. (EAB) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
38

NOTICE Withdrawal of Motion for Temporary Restraining Order: by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina (Campbell, James) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
39

Docket Text ORDER: Re 38 NOTICE Withdrawal of Motion for Temporary Restraining Order: by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina; SO ORDERED. Signed by District Judge Henry Edward Autrey on 10/17/22. (EAB) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
40

Summons Returned Unexecuted by State of Missouri as to Defendant U. S. Attorney General. (Talent, Michael) Modified on 10/18/2022 (EAB). (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
41

NOTICE by Plaintiff State of Missouri for Request for Alias Summons (Talent, Michael) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
42

NOTICE OF PROCESS SERVER by Plaintiff State of Missouri Process Server: Same Day Process Service (Talent, Michael) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
43

Alias Summons Issued as to defendant U. S. Attorney General. The summons was emailed to Attorney for Plaintiff for service. (EAB) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
44

OPINION, MEMORANDUM AND ORDER. This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction [Doc. No. 3 ]. Defendants have filed their response in opposition to the Motion. The parties appeared in person for a hearing on the Motion on October 12, 2022. The Court has thoroughly reviewed the pleadings, affidavits, exhibits, and memoranda of law submitted by the respective parties, and has considered the arguments presented at the hearing. For the reasons set forth below, the Court concludes Defendants' arguments are well-taken and this matter will be dismissed. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this action is DISMISSED. (See Full Order for Complete Details). A separate Order of Dismissal in accordance with this Opinion, Memorandum and Order is entered this same date. Signed by District Judge Henry Edward Autrey on 10/20/22. (EAB) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

Clearinghouse
45

SUMMONS Returned Executed filed by State of Missouri. Defendant United States Department of Education by serving U.S. Attorney General served on 10/20/2022, answer due 12/19/2022. (Talent, Michael) Modified on 10/21/2022 (EAB). (Main Document 45 replaced on 10/21/2022) (EAB). (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
46

ORDER OF DISMISSAL. In accordance with the Opinion, Memorandum and Order entered this same date, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this action is DISMISSED. Signed by District Judge Henry Edward Autrey on 10/20/22. (EAB) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
47

NOTICE OF APPEAL as to 44 Opinion Memorandum,,,, Memorandum & Order,,, 46 Order of Dismissal (case - Stipulation of Dismissal) by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. Filing fee $ 505, receipt number AMOEDC-9576238. (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
48

MOTION for Relief Injunction Pending Appeal or Temporary Administrative Stay of Agency Action by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
49

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 46 Order of Dismissal (case - Stipulation of Dismissal). Notice of Appeal filed on 10/20/2022 by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JDC) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
50

ORDER. This matter is before the Court on Plaintiffs' Motion for Injunction Pending Appeal or Temporary Administrative Stay of Agency Action [Doc No. 48]. On October 20, 2022, this Court issued an Opinion, Order and Memorandum, with an accompanying Order of Dismissal, dismissing this case for a lack of standing. Plaintiffs' Motion will be denied. Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Motion [Doc No. 48 ] is DENIED. Signed by District Judge Henry Edward Autrey on 10/21/2022. (HMA) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

Clearinghouse
51

Initial Notification from USCA for 47 Notice of Appeal, filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. USCA Appeal Number: 22-3179(JEB) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
52

Briefing Schedule from USCA for 47 Notice of Appeal, filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. USCA Appeal Number: 22-3179 (See attached document for all other deadlines)(JEB) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
53

ORDER of USCA. Appellants' emergency motion for an administrative stay prohibiting the appellees from discharging any student loan debt under the Cancellation program until this Court rules on the appellants' motion for an injunction pending appeal is granted. The request for expedited briefing on the motion for an injunction pending appeal is granted as follows: Appellees' response in opposition shall be due on or before 5:00 PM Central, Monday, October 24, 2022 and the Appellants' reply, if any, is due on or before 5:00 PM Central, Tuesday, October 25, 2022. USCA Appeal #: 22-3179 (HMA) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Public Benefits/Government Services

Education

Presidential/Gubernatorial Authority

Special Collection(s):

Challenges to Biden Student Loan Forgiveness Plan

Key Dates

Filing Date: Sept. 29, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The states of South Carolina, Arkansas, Missouri, Iowa, Nebraska and Kansas

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Education, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Federalism (including 10th Amendment)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

Public benefits (includes, e.g., in-state tuition, govt. jobs)