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Willie Earl Carr, et al. v. Andrew M. Saul, Commissioner of Social Security

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-5079, 19-5085 · judgment June 15, 2020


Decided · April 22, 2021
Pre-decision estimate: 17% cert probability (95% interval 10%–27%)

Before the decision, about 4.1× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a Tenth Circuit decision below.

Question presented

Consolidated with 20-105. Whether claimants seeking disability benefits under the Social Security Act must exhaust Appointments Clause challenges before the Administrative Law Judge as a prerequisite to obtaining judicial review.

Counsel of record

For petitioner
Sarah Michelle Harris
Williams & Connolly LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
7 merits
(7 supporting pet./neither)

Related
Vide, 20-105

Argument & decision

Argued March 3, 2021 — Sarah M. Harris · Austin Raynor. Audio and transcript

Decided April 22, 2021. Opinion by Sotomayor.

Proceedings

  1. May 24 2021
    JUDGMENT ISSUED.
  2. Apr 22 2021
    Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kagan, and Kavanaugh, JJ., joined, in which Thomas, Gorsuch, and Barrett, JJ., joined as to Parts I, II–A, and II–B–2, and in which Breyer, J., joined as to Parts I, II–B–1, and II–B–2. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch and Barrett, JJ., joined. Breyer, J., filed an opinion concurring in part and concurring in the judgment. VIDED.
  3. Mar 03 2021
    Argued. For petitioners: Sarah M. Harris, Washington, D. C. For respondent: Austin Raynor, Assistant to the Solicitor General, Washington, D. C. VIDED.
  4. Feb 18 2021
    Reply of petitioners John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman filed (in 20-105). (Distributed)
  5. Feb 17 2021
    Reply of petitioners Willie Earl Carr, et al. filed. (Distributed)
  6. Jan 28 2021
    Record received from the U.S.C.A. 10th Circuit is electronically filed.
  7. Jan 27 2021
    Brief of respondent Saul, Andrew M., Commissioner of Social Security filed. VIDED. (Distributed)
  8. Jan 25 2021
    Record requested from the U.S.C.A. 10th Circuit.
  9. Jan 14 2021
    CIRCULATED
  10. Jan 11 2021
    Motion to dispense with printing the joint appendix filed by petitioners in No. 19-1442 GRANTED.
  11. Jan 11 2021
    Motion to dispense with printing the joint appendix filed by petitioners in No. 20-105 GRANTED.
  12. Jan 04 2021
    Brief amicus curiae of National Association of Disability Representatives filed.VIDED
  13. Jan 04 2021
    Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
  14. Jan 04 2021
    Amicus brief of The New Civil Liberties Alliance & Cato Institute not accepted for filing. (January 05, 2021 - Corrected version to be submitted).
  15. Jan 04 2021
    Brief amici curiae of The New Civil Liberties Alliance & Cato Institute filed. VIDED.
  16. Dec 31 2020
    SET FOR ARGUMENT on Wednesday, March 3, 2021. VIDED.
  17. Dec 31 2020
    Brief amici curiae of Social Security, Government Benefit Program and Administrative Law Professors and Scholars filed. VIDED.
  18. Dec 31 2020
    Brief amici curiae of National Organization of Social Security Claimants' Representatives, et al. filed. VIDED.
  19. Dec 30 2020
    Brief amicus curiae of Institute for Justice filed. VIDED.
  20. Dec 28 2020
    Brief of petitioners John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman (in 20-105) filed.
  21. Dec 28 2020
    Brief of petitioners Willie Earl Carr, et al. filed.
  22. Dec 18 2020
    Brief amici curiae of Collective of Social Security Administration Administrative Law Judges in support of neither party filed.
  23. Dec 11 2020
    Motion to dispense with printing the joint appendix filed by petitioners in No. 19-1442.
  24. Dec 09 2020
    Blanket Consent filed by Petitioner, John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman
  25. Dec 09 2020
    Motion to dispense with printing the joint appendix filed by petitioners in No. 20-105.
  26. Nov 09 2020
    Petition GRANTED. The petition for a writ of certiorari in No. 20-105 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  27. Nov 09 2020
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1442. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1442. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  28. Nov 09 2020
    As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
  29. Nov 02 2020
    DISTRIBUTED for Conference of 11/6/2020.
  30. Oct 14 2020
    DISTRIBUTED for Conference of 10/30/2020.
  31. Oct 14 2020
    Reply of petitioners Willie Earl Carr, et al. filed.
  32. Sep 29 2020
    Brief of respondent Saul, Andrew M. filed.
  33. Aug 25 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including September 30, 2020.
  34. Aug 24 2020
    Motion to extend the time to file a response from August 31, 2020 to September 30, 2020, submitted to The Clerk.
  35. Jul 30 2020
    Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2020.
  36. Jul 29 2020
    Motion to extend the time to file a response from July 31, 2020 to August 31, 2020, submitted to The Clerk.
  37. Jun 29 2020
    Petition for a writ of certiorari filed. (Response due July 31, 2020)
  38. Jun 29 2020
    Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.