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David Bryon Babcock v. Kilolo Kijakazi, Acting Commissioner of Social Security
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-1687 · judgment May 11, 2020
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Sixth Circuit decision below.
Question presented
Dual-status military technicians in the National Guard are members of the National Guard. They serve in uniform, observe military protocol, are required to maintain a military grade appropriate for their role, and are available for active deployment with their unit. A provision of the Social Security Act exempts payments from adverse treatment if they are "a payment based wholly on service as a member of a uniformed service." 42 U.S.C.§ 415(a)(7)(A)(III). The question presented, which has divided five Courts of Appeals, is: Is a civil-service pension payment based on dual-status military technician service to the National Guard a payment based wholly on service as a member of a uniformed service?
Counsel of record
For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 merits
(1 supporting pet./neither)
Argument & decision
Argued October 13, 2021 — Neal K. Katyal · Nicole Reaves. Audio and transcript
Decided January 13, 2022.
Proceedings
- Feb 14 2022JUDGMENT ISSUED.
- Jan 13 2022Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion.
- Oct 14 2021Letter of the Solicitor General filed. (Distributed)
- Oct 13 2021Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Nicole Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Sep 08 2021Reply of petitioner David Babcock filed. (Distributed)
- Aug 11 2021Application (21A17) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until September 8, 2021.
- Aug 05 2021Application (21A17) to extend the time to file the reply brief on the merits from August 25, 2021 to September 8, 2021, submitted to Justice Kavanaugh.
- Aug 03 2021CIRCULATED
- Aug 02 2021Motion of David Babcock for an extension of time not accepted for filing. (August 06, 2021)
- Jul 28 2021Record requested from the U.S.C.A. 6th Circuit.
- Jul 28 2021Record received from the U.S.C.A. 6th Circuit has been electronically filed.
- Jul 26 2021Brief of respondent Kijakazi, Acting Comm'r of SSA filed.
- Jul 13 2021ARGUMENT SET FOR Wednesday, October 13, 2021.
- Jun 07 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- May 27 2021Brief amici curiae of National Veterans Legal Services Program, et al. filed.
- May 20 2021Brief of petitioner David Babcock filed.
- May 14 2021Motion to dispense with printing the joint appendix filed by petitioner David Babcock.
- Mar 22 2021Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 20, 2021. The time to file respondent's brief on the merits is extended to and including July 26, 2021.
- Mar 12 2021Joint motion for an extension of time to file the briefs on the merits filed.
- Mar 01 2021Petition GRANTED.
- Mar 01 2021As 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.
- Feb 22 2021DISTRIBUTED for Conference of 2/26/2021.
- Jan 27 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 27 2021Reply of petitioner David Babcock filed. (Distributed)
- Jan 13 2021Brief of respondent Andrew M. Saul, Commissioner of Social Security in opposition filed.
- Dec 04 2020Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2021.
- Dec 03 2020Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk.
- Oct 19 2020Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020.
- Oct 16 2020Motion to extend the time to file a response from November 13, 2020 to December 14, 2020, submitted to The Clerk.
- Oct 08 2020Petition for a writ of certiorari filed. (Response due November 13, 2020)
- Oct 08 2020Pursuant 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.