Supreme Court of the United States · Official docket →
Michelle Valent v. Andrew M. Saul, Commissioner of Social Security
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-2109 · judgment March 20, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Petitioner Michelle Valent performed unpaid volunteer work for her brother’s veterans organization while receiving disability benefits under Title II of the Social Security Act. The Commissioner of Social Security punished Ms. Valent’s failure to report this work with $126,210 in monetary sanctions. The Commissioner acted under his authority to sanction persons who fail to disclose facts that they “know[] or should know” are “material to the determination of any initial or continuing right to” disability benefits. 42 U.S.C. § 1320a8(a)(1)(C). The Commissioner concluded that Ms. Valent should have known that her work activity was “material” to her continuing right to receive disability benefits, even though the Act forbade the Commissioner from using Ms. Valent’s “work activity . . . as evidence that” she was “no longer disabled.” Id. § 421(m)(1)(B). By a divided vote, the Sixth Circuit affirmed, deferring to the Commissioner’s interpretation of the Act under Chevron, U.S.A., Inc. v. NRDC, 467 U.S. 837 (1984). The questions presented are:
-
Whether the Court should overrule Chevron.
-
Whether Chevron requires courts to defer to an agency’s resolution of a conflict between statutory provisions.
-
Whether the Court should summarily reverse the decision below, because the Sixth Circuit
Counsel of record
For petitioner
Adam Rabun Fast Gustafson
Boyden Gray & Associates PLLC
For respondent
Noel John Francisco
Jones Day
Proceedings
- Dec 10 2019Petition Dismissed - Rule 46.
- Nov 20 2019Stipulation to dismissal under Rule 46.1 filed.
- Oct 22 2019Motion to extend the time to file a response is granted and the time is further extended to and including November 20, 2019.
- Oct 21 2019Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk.
- Sep 19 2019Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
- Sep 19 2019Brief amicus curiae of Southeastern Legal Foundation filed.
- Sep 19 2019Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
- Sep 11 2019Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2019.
- Sep 10 2019Motion to extend the time to file a response from September 19, 2019 to October 21, 2019, submitted to The Clerk.
- Aug 26 2019Blanket Consent filed by Petitioner, Michelle Valent.
- Aug 16 2019Petition for a writ of certiorari filed. (Response due September 19, 2019)
- Jun 13 2019Application (18A1301) granted by Justice Sotomayor extending the time to file until August 16, 2019.
- Jun 05 2019Application (18A1301) to extend the time to file a petition for a writ of certiorari from June 18, 2019 to August 16, 2019, submitted to Justice Sotomayor.