Case: 19-1442 Carr v. Saul (2021-March-3)

QUESTION PRESENTED: Whether a claimant seeking disability benefits under the Social Security Act forfeits an appointments-clause challenge to the appointment of an administrative law judge by failing to present that challenge during administrative proceedings.

Consolidated with:


Issue
: Whether a claimant seeking disability benefits under the Social Security Act forfeits an appointments-clause challenge to the appointment of an administrative law judge by failing to present that challenge during administrative proceedings.


DateProceedings and Orders (
key to color coding)Jun 29 2020 | Petition for a writ of certiorari filed. (Response due July 31, 2020)
Jun 29 2020 | Pursuant 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.
Jul 29 2020 | Motion to extend the time to file a response from July 31, 2020 to August 31, 2020, submitted to The Clerk.
Jul 30 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2020.
Aug 24 2020 | Motion to extend the time to file a response from August 31, 2020 to September 30, 2020, submitted to The Clerk.
Aug 25 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including September 30, 2020.
Sep 29 2020 | Brief of respondent Saul, Andrew M. filed.
Oct 14 2020 | DISTRIBUTED for Conference of 10/30/2020.
Oct 14 2020 | Reply of petitioners Willie Earl Carr, et al. filed.
Nov 02 2020 | DISTRIBUTED for Conference of 11/6/2020.
Nov 09 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 20-105 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Nov 09 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1442. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1442. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Nov 09 2020 | As 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.
Dec 09 2020 | Blanket Consent filed by Petitioner, John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman
Dec 09 2020 | Motion to dispense with printing the joint appendix filed by petitioners in No. 20-105.
Dec 11 2020 | Motion to dispense with printing the joint appendix filed by petitioners in No. 19-1442.
Dec 18 2020 | Brief amici curiae of Conference of Social Security Administrative Law Judges in support of neither party filed.
Dec 28 2020 | Brief of petitioners John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman (in 20-105) filed.
Dec 28 2020 | Brief of petitioners Willie Earl Carr, et al. filed.
Dec 30 2020 | Brief amicus curiae of Institute for Justice filed. VIDED.
Dec 31 2020 | SET FOR ARGUMENT on Wednesday, March 3, 2021. VIDED.
Dec 31 2020 | Brief amici curiae of Social Security, Government Benefit Program and Administrative Law Professors and Scholars filed. VIDED.
Dec 31 2020 | Brief amici curiae of National Organization of Social Security Claimants' Representatives, et al. filed. VIDED.
Jan 04 2021 | Amicus brief of The New Civil Liberties Alliance & Cato Institute not accepted for filing. (January 05, 2021 - Corrected version to be submitted).
Jan 04 2021 | Brief amicus curiae of National Association of Disability Representatives filed.VIDED
Jan 04 2021 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
Jan 11 2021 | Motion to dispense with printing the joint appendix filed by petitioners in No. 19-1442 GRANTED.
Jan 11 2021 | Motion to dispense with printing the joint appendix filed by petitioners in No. 20-105 GRANTED.



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Case: 19-1442 Carr v. Saul (2021-March-3)
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