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John J. Davis, et al. v. Andrew M. Saul, Commissioner of Social Security

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-3422, 18-3451, 18-3452

Decided · April 22, 2021
Pre-decision estimate: 34% cert probability (95% interval 20%–51%)

Before the decision, about 8.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition.

Question presented

Consolidated with 19-1442. Whether a claimant seeking disability benefits or supplemental security income under the Social Security Act must exhaust an Appointments Clause challenge with the administrative law judge whose appointment the claimant is challenging in order to obtain judicial review of that challenge.

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 3 conferences

Related
Vide, 19-1442

Argument & decision

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

Decided April 22, 2021. Opinion by Sotomayor.

Proceedings

  1. Jul 26 2021
    Record returned to the U.S.C.A. 8th Circuit. (1-Box)
  2. May 24 2021
    JUDGMENT ISSUED.
  3. 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.
  4. 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.
  5. Feb 01 2021
    Record received from the U.S.C.A. 8th Circuit. (1-Box)
  6. Jan 25 2021
    Record requested from the U.S.C.A. 8th Circuit.
  7. Jan 14 2021
    CIRCULATED
  8. Dec 31 2020
    SET FOR ARGUMENT on Wednesday, March 3, 2021. VIDED.
  9. Nov 09 2020
    Petition GRANTED. The petition for a writ of certiorari in No. 19-1442 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  10. 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. 19-1422. 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.”
  11. 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.
  12. Nov 02 2020
    DISTRIBUTED for Conference of 11/6/2020.
  13. Oct 14 2020
    DISTRIBUTED for Conference of 10/30/2020.
  14. Oct 14 2020
    Reply of petitioners John Davis, et al. filed. (Distributed)
  15. Oct 07 2020
    DISTRIBUTED for Conference of 10/30/2020.
  16. Oct 07 2020
    Rescheduled.
  17. Sep 29 2020
    Brief of respondent Andrew M. Saul, Commissioner of Social Security filed.
  18. Aug 25 2020
    Motion to extend the time to file a response is granted and the time is extended to and including September 29, 2020.
  19. Aug 24 2020
    Motion to extend the time to file a response from August 31, 2020 to September 29, 2020, submitted to The Clerk.
  20. Jul 29 2020
    Petition for a writ of certiorari filed. (Response due August 31, 2020)
  21. Jul 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.