Supreme Court of the United States · Official docket →
Evan H. Nordby v. Social Security Administration
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-2280 · judgment May 11, 2023
GVR'd · May 19, 2025
Pre-decision estimate: 1% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency. (I)
Counsel of record
For petitioner
Toby James Marshall
Terrell Marshall Law Group PLLC
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 20 2025Judgment Issued.
- May 19 2025Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Feliciano v. Department of Transportation, 605 U. S. ___ (2025).
- May 12 2025DISTRIBUTED for Conference of 5/15/2025.
- Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
- May 28 2024DISTRIBUTED for Conference of 6/13/2024.
- May 23 2024Reply of petitioner Evan H. Nordby filed. (Distributed)
- May 13 2024Brief of respondent Social Security Administration in opposition filed.
- May 08 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
- May 07 2024Motion to extend the time to file a response from May 10, 2024 to May 13, 2024, submitted to The Clerk.
- Apr 04 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2024.
- Apr 03 2024Motion to extend the time to file a response from April 12, 2024 to May 10, 2024, submitted to The Clerk.
- Mar 07 2024Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2024.
- Mar 06 2024Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.
- Feb 08 2024Petition for a writ of certiorari filed. (Response due March 13, 2024)
- Jan 26 2024Application (23A685) granted by The Chief Justice extending the time to file until February 13, 2024.
- Jan 19 2024Application (23A685) to extend the time to file a petition for a writ of certiorari from January 30, 2024 to February 13, 2024, submitted to The Chief Justice.