Department of Education v. Brown, 600 U.S. ___ (2023)
In 2012, Damian McElrath, a young man diagnosed with multiple serious mental health disorders, killed his mother. Georgia charged McElrath with three crimes: malice murder, felony murder, and aggravated assault. At trial, McElrath asserted an insanity defense. The jury found him not guilty by reason of insanity on the malice-murder charge but guilty but mentally ill on the felony-murder and aggravated-assault charges. The state courts, however, decided that these verdicts were "repugnant" because they required contradictory conclusions about McElrath's mental state at the time of the crime. They therefore nullified both the "not guilty" and "guilty" verdicts and authorized McElrath’s retrial.
The Supreme Court of the United States held that the Double Jeopardy Clause of the Fifth Amendment prevents the State from retrying McElrath for the crime that had resulted in the “not guilty by reason of insanity” finding. The court clarified that a jury’s determination that a defendant is not guilty by reason of insanity is a conclusion that “criminal culpability had not been established,” just as much as any other form of acquittal. Despite the seemingly inconsistent findings, the court emphasized that, once rendered, a jury’s verdict of acquittal is inviolate, and the Double Jeopardy Clause prohibits second-guessing the reason for a jury’s acquittal. The Supreme Court reversed the judgment of the Supreme Court of Georgia and remanded the case for further proceedings not inconsistent with its opinion.
Supreme Court holds that student loan borrowers lack standing to challenge the lawfulness of a loan forgiveness plan enacted by the Secretary of Education under the Higher Education Relief Opportunities for Students Act of 2003.
SUPREME COURT OF THE UNITED STATES
Syllabus
DEPARTMENT OF EDUCATION et al. v. BROWN et al.
certiorari before judgment to the united states court of appeals for the fifth circuit
No. 22–535. Argued February 28, 2023—Decided June 30, 2023
To alleviate hardship expected to be caused by the impending resumption of federal student-loan repayments that had been suspended during the multi-year coronavirus pandemic, Secretary of Education Miguel Cardona announced a substantial student-loan debt-forgiveness plan (Plan). The Plan discharges $10,000 to $20,000 of an eligible borrower’s debt, depending on criteria such as the borrower’s income and the type of loan held. The Secretary invoked the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act), which authorizes the Secretary “to waive or modify any provision” applicable to federal “student financial assistance” programs “as may be necessary to ensure that . . . recipients of student financial assistance” are no worse off “financially in relation to that financial assistance because” of a national emergency or disaster. 20 U. S. C. §§1098bb(a)(1), (a)(2)(A), 1098ee(2)(C)–(D). The HEROES Act also exempts rules promulgated pursuant to it from the otherwise-applicable negotiated-rulemaking and notice-and-comment processes.
Before the Plan took effect, various plaintiffs—including respondents here—sued to enjoin it. Respondents Myra Brown and Alexander Taylor are two borrowers who do not qualify for the maximum relief available under the Plan. Their one-count complaint alleges that the Secretary was required to follow notice-and-comment and negotiated-rulemaking procedures in promulgating the Plan, which all agree he did not do. Brown and Taylor argue that the HEROES Act’s procedural exemptions apply only when the rule promulgated is substantively authorized by the Act, and because the HEROES Act does not authorize the Plan (they argue), the Secretary was required to follow negotiated rulemaking and notice and comment. The District Court rejected their argument regarding the scope of the HEROES Act’s procedural exemptions, but nevertheless vacated the Plan as substantively unauthorized. This Court granted certiorari before judgment to consider this case alongside Biden v. Nebraska, No. 22–506, which presents a similar challenge to the Plan.
Held: Because respondents fail to establish that any injury they suffer from not having their loans forgiven is fairly traceable to the Plan, they lack Article III standing, so the Court has no jurisdiction to address their procedural claim. Pp. 6–15.
(a) “This case begins and ends with standing.” Carney v. Adams, 592 U. S. ___, ___. The Court’s authority under the Constitution is limited to resolving “Cases” or “Controversies.” Art. III, §2. The Court’s jurisprudence has “established that the irreducible constitutional minimum of standing contains three elements” that a plaintiff must plead and—ultimately—prove. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560. Those elements are: (1) a “concrete and particularized” injury that is (2) “fairly traceable” to the challenged action of the defendant and (3) “likely” to be “redressed by a favorable decision.” Id., at 560–561 (alterations and internal quotation marks omitted). But where, as here, the plaintiff alleges that she has been deprived of a procedural right to protect her concrete interest, she need not show that observing the contested procedure would necessarily lead to a different substantive result. Id., at 572, n. 7. Pp. 6–8.
(b) As articulated in this Court, respondents’ claim and theory of standing are twofold: First, because the HEROES Act does not substantively authorize the Plan, the Secretary was obligated to follow typical negotiated-rulemaking and notice-and-comment requirements. Second, if the Secretary had observed those procedures, respondents might have used those opportunities to convince him not only that proceeding under the HEROES Act is unlawful, but also that he should instead adopt a different loan-forgiveness program under the Higher Education Act of 1965 (HEA), and to make that program more generous to respondents than the Plan. Respondents assert there is at least a chance that this series of events will come to pass now if this Court vacates the Plan. Pp. 8–9.
(c) Respondents’ standing claim most clearly fails on traceability: They cannot show that their purported injury of not receiving loan relief under the HEA is fairly traceable to the Department’s (allegedly unlawful) decision to grant loan relief under the HEROES Act. Pp. 9–15.
(1) Significantly, respondents are not claiming that they are injured by not being sufficiently included among the Plan’s beneficiaries: They think the Plan is substantively unlawful and instead seek debt forgiveness under the HEA. But a decision regarding the lawfulness of the Plan does not directly affect respondents’ ability to obtain loan relief under the HEA; the Department’s authority to grant loan relief under the HEA (upon which the Court does not pass) is not affected by whether the Plan is lawful or unlawful. Any connection between loan forgiveness under the two statutes is speculative.
While it is true that the Court’s procedural-standing case law tolerates uncertainty over whether observing certain procedures would have led to (caused) a different substantive outcome, see Lujan, 504 U. S., at 572, n. 7, the causal uncertainty here is not so limited. Instead, the uncertainty concerns whether the substantive decisions the Department has made regarding the Plan under the HEROES Act have a causal relationship with other substantive decisions respondents want the Department to make under the HEA. There is no precedent for tolerating this sort of causal uncertainty. Respondents cannot show that the denial of HEA loan relief—their ostensible injury—“fairly can be traced to” the Department’s decision to grant loan relief in the Plan. Simon v. Eastern Ky. Welfare Rights Organization, 426 U.S. 26, 42–43. There is little reason to think that the Department’s discretionary decision to pursue one mechanism of loan relief under the HEROES Act has anything to do with its discretionary decision to pursue (or not pursue) action under the HEA. “The line of causation between” the Department’s promulgation of the Plan and respondents’ lack of benefits under the HEA “is attenuated at best,” Allen v. Wright, 468 U.S. 737, 757, and all too dependent on “ ‘conjecture,’ ” Summers v. Earth Island Institute, 555 U.S. 488, 496. Pp. 10–13.
(2) Respondents’ attempts to tie the Plan to potential HEA relief are unavailing. Although the Department has occasionally referred to “one-time” student-loan relief in publicizing the Plan, the Plan itself contains no such reference. And any incidental effect of the Plan on the likelihood that the Department will undertake a separate loan- forgiveness program under a different statute is too weak and speculative to show that the absence of HEA-based loan forgiveness is fairly traceable to the Plan. See, e.g., Simon, 426 U. S., at 42–43. To the extent the Department has determined that the Plan crowds out other efforts to forgive student loans, that determination is a discretionary one that respondents may petition the Department to reconsider. Finally, respondents cannot demonstrate causation on the theory that the Department’s failure to observe the requisite procedural rules cost them a chance to obtain debt forgiveness; they do not want debt forgiveness under the HEROES Act, and nothing the Department has done deprives them of a chance to seek debt forgiveness under the HEA. Respondents cannot meaningfully connect the absence of loan relief under the HEA to the adoption of the Plan, so they have failed to show that their injury is fairly traceable to the Plan. Pp. 13–14.
Vacated and remanded.
Alito, J., delivered the opinion for a unanimous Court.
Judgment issued. |
Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. |
Application No. 22A489 denied as moot. Judgment VACATED and case REMANDED in No. 22-535. Alito, J., delivered the opinion for a unanimous Court. |
Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Application No. 22A489 denied as moot. |
Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: J. Michael Connolly, Arlington, Va. |
Consolidated reply brief of petitioners (also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of The Buckeye Institute (also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of The Protect Democracy Project (also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of American Center for Law and Justice (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of States of Utah, Ohio, and 15 Other States filed. (Distributed) |
Brief amicus curiae of New Civil Liberties Alliance (also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of Landmark Legal Foundation filed. (Distributed) |
Brief amici curiae of Senator Marsha Blackburn and 42 Other Members of the United States Senate (also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of The Chamber of Commerce of the United States of America (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of 128 U.S. Representatives, including 25 Members of the House committee on Education and the Workforce (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of Michael W. McConnell, et al. (also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of Jed Handelsman Shugerman (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of Elisabeth Devos, et al. (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of Hamilton Lincoln Law Institute and Committee for Justice (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of Empire Center and The Government Justice Center, Inc. (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of Former Rep. Howard McKeon, et al. (also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of America First Policy Institute (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of Cato Institute and Manhattan Institute (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of Americans for Prosperity Foundation and Advancing Freedom (also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of The Foundation for Government Accountability (also in 22-506) filed. VIDED. (Distributed) |
Brief of respondents Myra Brown, et al. filed. (Distributed) |
CIRCULATED |
Brief amicus curiae of Atlantic Legal Foundation filed (also in 22-506). VIDED. (Distributed) |
Brief amici curiae of Legal Scholars (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law and 21 Other Organizations filed (also in 22-506). VIDED. (Distributed) |
Brief amici curiae of Six Veterans' Organizations filed (also in 22-506). VIDED. (Distributed) |
Brief amici curiae of Borrower Advocacy and Legal Aid Organizations (also in 22-506) filed. VIDED. (Distributed) |
Amicus brief of Borrower Advocacy and Legal Aid Organizations not accepted for filing. (January 11, 2023) |
Brief amici curiae of Samuel L. Bray and William Baude filed (also in 22-506). VIDED. (Distributed) |
Brief amici curiae of Professor Lawrence A. Stein in support of no party (also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of Former Representative George Miller (also in 22-506) filed. VIDED. (Distributed) |
Brief amici curiae of American Federation of Teachers, et al.(also in 22-506) filed. VIDED. (Distributed) |
Brief amicus curiae of National Education Association filed. (also in 22-506) VIDED. (Distributed) |
Brief amici curiae of Massachusetts, et al. (also in 22-506) filed. VIDED. (Distributed) |
Consolidated joint appendix filed (also in 22-506). VIDED. |
Consolidated brief of petitioners filed (also in 22-506). VIDED. |
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. |
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. |
Petition GRANTED. |
Application (22A489) referred to the Court. |
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. |
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) |