|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Oct 13, 2021
Issue: Whether a civil service pension received for federal civilian employment as a “military technician (dual status)” is “a payment based wholly on service as a member of a uniformed service” for the purposes of the Social Security Act’s windfall elimination provision.
|Date||Proceedings and Orders |
|Oct 08 2020||Petition for a writ of certiorari filed. (Response due November 13, 2020)|
|Oct 08 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.|
|Oct 16 2020||Motion to extend the time to file a response from November 13, 2020 to December 14, 2020, submitted to The Clerk.|
|Oct 19 2020||Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020.|
|Dec 03 2020||Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk.|
|Dec 04 2020||Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2021.|
|Jan 13 2021||Brief of respondent Andrew M. Saul, Commissioner of Social Security in opposition filed.|
|Jan 27 2021||DISTRIBUTED for Conference of 2/19/2021.|
|Jan 27 2021||Reply of petitioner David Babcock filed. (Distributed)|
|Feb 22 2021||DISTRIBUTED for Conference of 2/26/2021.|
|Mar 01 2021||Petition GRANTED.|
|Mar 01 2021||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.|
|Mar 12 2021||Joint motion for an extension of time to file the briefs on the merits filed.|
|Mar 22 2021||Joint motion to extend the time 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 May 20, 2021. The time to file respondent's brief on the merits is extended to and including July 26, 2021.|
|May 14 2021||Motion to dispense with printing the joint appendix filed by petitioner David Babcock.|
|May 20 2021||Brief of petitioner David Babcock filed.|
|May 27 2021||Brief amici curiae of National Veterans Legal Services Program, et al. filed.|
|Jun 07 2021||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Jul 13 2021||ARGUMENT SET FOR Wednesday, October 13, 2021.|
|Jul 26 2021||Brief of respondent Kijakazi, Acting Comm'r of SSA filed.|
|Jul 28 2021||Record requested from the U.S.C.A. 6th Circuit.|
|Jul 28 2021||Record received from the U.S.C.A. 6th Circuit has been electronically filed.|
|Aug 02 2021||Motion of David Babcock for an extension of time not accepted for filing. (August 06, 2021)|
|Aug 03 2021||CIRCULATED|
|Aug 05 2021||Application (21A17) to extend the time to file the reply brief on the merits from August 25, 2021 to September 8, 2021, submitted to Justice Kavanaugh.|
|Aug 11 2021||Application (21A17) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until September 8, 2021.|
|Sep 08 2021||Reply of petitioner David Babcock filed. (Distributed)|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050