Order — State of New York v. U.S. Department of Education (2d Cir., Doc. 24, June 10, 2025)
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An order dated June 10, 2025, Doc. 24, of the U.S. Court of Appeals for the Second Circuit, before Circuit Judge Alison J. Nathan, in State of New York, et al. v. United States Department of Education and Linda McMahon, Docket No. 25-1424. The order recites that on June 6, 2025 the Government filed an emergency motion for an administrative stay and a stay pending appeal of the district court's June 3, 2025 order. It refers the stay motion to the three-judge motions panel sitting on June 17, 2025, denies an administrative stay in light of the expedited schedule, and sets plaintiffs' opposition for June 12, 2025 and any Government reply for June 13, 2025, each at 5:00 p.m.
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“Order — State of New York v. U.S. Department of Education (2d Cir., Doc. 24, June 10, 2025).”
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Case: 25-1424, 06/10/2025, DktEntry: 24.1, Page 1 of 2
UNITED STATES COURT OF APPEALS
FOR THE
SECOND CIRCUIT
At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the
Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the
10th day of June, two thousand twenty-five.
Before: Alison J. Nathan,
Circuit Judge.
_______________________________
State of New York, State of Arizona, State ORDER
of California, State of Delaware, District
of Columbia, State of Hawaii, State of Docket No. 25-1424
Illinois, State of Maine, State of
Maryland, Commonwealth of
Massachusetts, People of the State of
Michigan, State of Minnesota, State of
Nevada, State of New Jersey, State of
New Mexico, State of Oregon, Josh
Shapiro, in his official capacity as
Governor of the Commonwealth of
Pennsylvania,
Plaintiffs - Appellees,
v.
United States Department of Education,
Linda McMahon, in her official capacity
as Secretary of Education,
Defendants - Appellants.
________________________________
On Friday night, June 6, 2025, the Government filed an emergency motion seeking an
administrative stay and a stay pending appeal of the district court’s June 3, 2025 order. That
order preliminarily enjoined the Government from, inter alia, enforcing or implementing the
directives in its March 28, 2025 and May 11, 2025 letters and directing related relief. On Sunday
night, June 8, 2025, plaintiffs filed a letter opposing an administrative stay and asking leave to
file opposition to the motion on June 12, 2025. The Court understands the emergency nature of
the relief requested by the Government. Accordingly:
Case: 25-1424, 06/10/2025, DktEntry: 24.1, Page 2 of 2
IT IS HEREBY ORDERED that the motion for a stay pending appeal is REFERRED to the
three-judge motions panel sitting on Tuesday, June 17, 2025. An administrative stay of the
district court’s order is DENIED in light of the expedited schedule set for hearing the merits of
the stay motion. Plaintiffs’ opposition to the motion is due on June 12, 2025 at 5:00 p.m. Any
reply papers by the Government must be filed on June 13, 2025 by 5:00 p.m.
For the Court:
Catherine O’Hagan Wolfe,
Clerk of Court
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