Supreme Court of the United States · Official docket →
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
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
- Jan 26 2026Petition DENIED.
- Jan 07 2026DISTRIBUTED for Conference of 1/23/2026.
- Dec 29 2025Waiver of right of respondent Social Security Administration to respond filed.
- Oct 23 2024Petition for a writ of certiorari filed. (Response due January 7, 2026)