Supreme Court of the United States · Official docket →
Howard Jarvis Taxpayers Association, et al. v. The California Secure Choice Retirement Savings Program, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-15591 · judgment May 6, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Considering California’s infamous record of mismanagement, corruption, and the cavernous underfunding of its public employee retirement systems, is California permitted under federal law (ERISA) to now require private employers to automatically debit employee paychecks and surrender those earnings to the State to manage as “retirement savings,” despite the State expressly disclaiming any fiduciary accountability, and despite Congress having exercised its authority under the Congressional Review Act to veto a Department of Labor regulation that briefly carved out an ERISA Safe Harbor for such state-run automatic retirement savings plans?
Counsel of record
For petitioner
Laura Elizabeth Dougherty
Howard Jarvis Taxpayers Foundation
For respondent
Joshua A. Klein
California Department of Justice - Office of SG
Case
Conference history
Distributed for 2 conferences
Proceedings
- Feb 28 2022Petition DENIED.
- Feb 09 2022DISTRIBUTED for Conference of 2/25/2022.
- Feb 04 2022Reply of petitioners Howard Jarvis Taxpayers Association, et al. filed. (Distributed)
- Jan 21 2022Brief of respondents California Secure Choice Retirement Savings Program and Fiona Ma, in her Official Capacity as Chair of the California Secure Choice Retirement Savings Investment Board in opposition filed.
- Dec 22 2021Motion to extend the time to file a response is granted and the time is further extended to and including January 21, 2022.
- Dec 21 2021Motion to extend the time to file a response from January 7, 2022 to January 21, 2022, submitted to The Clerk.
- Nov 08 2021Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2022.
- Nov 05 2021Motion to extend the time to file a response from December 2, 2021 to January 7, 2022, submitted to The Clerk.
- Nov 02 2021Response Requested. (Due December 2, 2021)
- Oct 20 2021DISTRIBUTED for Conference of 11/5/2021.
- Oct 18 2021Waiver of right of respondent California Secure Choice Retirement Savings Program and Fiona Ma, in her Official Capacity as Chair of the California Secure Choice Retirement Savings Investment Board to respond filed.
- Oct 12 2021Petition for a writ of certiorari filed. (Response due November 15, 2021)