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Michael L. Levinson v. Social Security Administration

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-2277 · judgment July 30, 2024


Certiorari denied · January 26, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

A. Whether the clandestine replacement of Jewish Michael Levinson’s initial Administrative Law Judge (“ALJ”) Hearing Officer with a Muslim ALF was prejudicial, violating his constitutional right to a fair and impartial hearing and his right to Due Process of Law? B. Whether the initial ALJ hearing decision ordering Michael Levinson’s two-year suspension and reduction in status lacks substantial evidence to support its decision and is therefore null and void? C. Whether the delay of the Merit Systems Protection Board (“MSPB”) in rendering Petitioner’s termination decision until the Republican Member left office, resulting in only the two MSPB Democrat Members to render Petitioner’s Decision of Termination violated Petitioner’s right to Due Process of Law? D. Whether the MSPB’s decision removing Petitioner, Michael Levinson, from office lacks substantial evidence to validate or support his removal and is therefore null and void? E . Whether the decision of the United States Court of Appeals for the Federal Circuit (“USCAFC”) affirming the MSPB’s decision of removal lacks substantial evidence and is therefore null and void? F. Whether Social Security Administration’s use of the vague, all encompassing “Comply with Office Policy” attempting to legitimize its illegal conduct and decisions violates Michael Levinson’s right to Due Process of Law?

Counsel of record

For petitioner
Michael L. Levinson

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 26 2026
    Petition DENIED.
  2. Jan 07 2026
    DISTRIBUTED for Conference of 1/23/2026.
  3. Dec 29 2025
    Waiver of right of respondent Social Security Administration to respond filed.
  4. Oct 23 2024
    Petition for a writ of certiorari filed. (Response due January 7, 2026)