Babb v. Wilkie
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-882 | 11th Cir. | Jan 15, 2020 | Apr 6, 2020 | 8-1 | Alito | OT 2019 |
Holding: The plain meaning of 29 U. S. C. " 633a(a), the federal-sector provision of the Age Discrimination in Employment Act of 1967, demands that personnel actions be untainted by any consideration of age, but but-for causation is important in determining the appropriate remedy that may be obtained.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Alito on April 6, 2020. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Federal employees need not show "but-for causation" to establish age discrimination liability (Charlotte Garden, April 7, 2020)
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, April 6, 2020)
- Justices add three new hours of argument to calendar (Amy Howe, January 17, 2020)
- Argument analysis: May a federal employer say "OK, boomer" to a job applicant? (Charlotte Garden, January 16, 2020)
- A "view" from the courtroom: "OK, boomer" (Mark Walsh, January 15, 2020)
- Argument preview: What counts as discrimination "based on" age? (Charlotte Garden, January 8, 2020)
- Court releases January calendar (Amy Howe, November 8, 2019)
| Date | Proceedings and Orders |
|---|---|
| 01/07/2019 | Petition for a writ of certiorari filed. (Response due February 8, 2019) |
| 01/30/2019 | Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk. |
| 01/31/2019 | Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019. |
| 03/04/2019 | Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk. |
| 03/05/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2019. |
| 04/04/2019 | Motion to extend the time to file a response from April 10, 2019 to May 20, 2019, submitted to The Clerk. |
| 04/05/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including May 20, 2019. |
| 05/20/2019 | Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. |
| 06/03/2019 | Reply of petitioner Noris Babb filed. |
| 06/04/2019 | DISTRIBUTED for Conference of 6/20/2019. |
| 06/26/2019 | DISTRIBUTED for Conference of 6/27/2019. |
| 06/28/2019 | Petition GRANTED limited to the following question: Whether the federal-sector provision of the Age Discrimination in Employment Act of 1967, which provides that personnel actions affecting agency employees aged 40 years or older shall be made free from any “discrimination based on age,” 29 U. S. C. §633a(a), requires a plaintiff to prove that age was a but-for cause of the challenged personnel action. |
| 07/19/2019 | Joint motion for an extension of time within which to file the briefs on the merits filed. |
| 07/19/2019 | Joint motion for an extension of time within which to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 17, 2019. The time to file respondents' briefs on the merits is extended to and including November 22, 2019. |
| 09/17/2019 | Joint appendix filed. (Statement of costs filed) |
| 09/17/2019 | Brief of petitioner Noris Babb filed. |
| 09/17/2019 | Blanket Consent filed by Petitioner, Noris Babb. |
| 09/24/2019 | Brief amicus curiae of National Treasury Employees Union filed. |
| 09/24/2019 | Brief amici curiae of AARP, et al. filed. |
| 11/08/2019 | SET FOR ARGUMENT on Wednesday, January 15, 2020. |
| 11/22/2019 | Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. |
| 11/26/2019 | CIRCULATED |
| 12/03/2019 | Record requested from the U.S.C.A. 11th Circuit. |
| 12/23/2019 | Reply of petitioner Noris Babb filed. (Distributed) |
| 01/15/2020 | Argued. For petitioner: Roman Martinez, Washington, D. C. For respondent: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. |
| 01/17/2020 | The parties are directed to file supplemental letter briefs addressing the following question: What prospective administrative or judicial relief may a federal employee obtain under laws other than the ADEA, including under the civil service laws or the Constitution, against age-related policies, practices, actions, or statements that were not the but-for cause of an adverse employment action against the complaining employee? The briefs, not to exceed 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Thursday, January 23, 2020. |
| 01/23/2020 | Supplemental letter brief of petitioner Noris Babb filed. (Distributed) |
| 01/23/2020 | Supplemental letter brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed) |
| 04/06/2020 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court,, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined, and in which Ginsburg, J., joined as to all but footnote 3. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. Thomas, J., filed a dissenting opinion. |
| 05/08/2020 | JUDGMENT ISSUED. |