Question Presented (from Petition)
1. Whether a notice-and-comment violation, on its own, can establish Article III standing for a regulated entity within the applicable zone of interests, as the Fifth, Sixth, Ninth, D.C. and Federal Circuits have held, or whether an additional injury is required, as the Eighth Circuit held here.
2. Whether a regulated entity has Article III standing to challenge an illegal regulation where the entity (a) arguably falls within the rule's plain scope, and (b) there is a risk of enforcement.
Question Presented (AI Summary)
Whether a notice-and-comment violation, on its own, can establish Article III standing for a regulated entity within the applicable zone of interests
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-05-26
Reply of petitioner The School of the Ozarks, Inc. filed. (Distributed)
2023-05-16
Brief of respondents Joseph R. Biden, Jr., President of the United States, et al. in opposition filed.
2023-04-19
Motion to extend the time to file a response is granted and the time is further extended to and including May 16, 2023.
2023-04-18
Motion to extend the time to file a response from May 1, 2023 to May 16, 2023, submitted to The Clerk.
2023-03-30
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2023-03-30
Brief amici curiae of Hannibal-Lagrange University, et al. filed.
2023-03-30
Brief amici curiae of Cato Institute, et al. filed.
2023-03-30
Brief amici curiae of American Association of Christian Schools and Wagner Faith & Freedom Center filed.
2023-03-30
Brief amici curiae of Advancing American Freedom, Inc., et al. filed.
2023-03-30
Brief amicus curiae of The Council for Christian Colleges & Universities filed.
2023-03-28
Brief amici curiae of Judicial Watch, Inc., et al. filed.
2023-03-28
Brief amici curiae of Missouri, et al filed.
2023-03-28
Brief amici curiae of Mountain States Legal Foundation, et al. filed.
2023-03-28
Brief amicus curiae of Liberty Justice Center filed.
2023-03-06
Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2023.
2023-03-03
Motion to extend the time to file a response from March 30, 2023 to May 1, 2023, submitted to The Clerk.
2023-02-27
Petition for a writ of certiorari filed. (Response due March 30, 2023)
2022-11-30
Application (22A471) granted by Justice Kavanaugh extending the time to file until February 27, 2023.
2022-11-23
Application (22A471) to extend the time to file a petition for a writ of certiorari from December 29, 2022 to February 27, 2023, submitted to Justice Kavanaugh.