Biestek v. Berryhill

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1184	6th Cir.	Dec 4, 2018	Apr 1, 2019	6-3	Kagan	OT 2018

Holding: A vocational expert"s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant"s request does not categorically preclude the testimony from counting as "substantial evidence" in federal court under 42 U. S. C. "405(g).

Judgment: Affirmed, 6-3, in an opinion by Justice Kagan on April 1, 2019. Justice Sotomayor filed a dissenting opinion. Justice Gorsuch filed a dissenting opinion, in which Justice Ginsburg joined.

SCOTUSblog Coverage

Opinion analysis: Court rejects per se rule on cross-examination in Social Security disability cases (David Super, April 2, 2019)
OT2018 #11: "A Lot Of Meatballs" (First Mondays, December 10, 2018)
Argument analysis: Justices wrestle with scope of cross-examination of social security experts (David Super, December 6, 2018)
Argument preview: Justices to consider social security disability claimants' ability to scrutinize data on which benefits denials are based (David Super, November 27, 2018)
Court sends battles over services for same-sex couples, North Carolina gerrymandering back to lower courts (Updated) (Amy Howe, June 25, 2018)
Petition of the day (Aurora Barnes, March 29, 2018)

Date	Proceedings and Orders (key to color coding)
02/21/2018	Petition for a writ of certiorari filed. (Response due March 26, 2018)
02/21/2018	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.
03/20/2018	Motion to extend the time to file a response from March 26, 2018 to April 25, 2018, submitted to The Clerk.
03/21/2018	Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2018.
04/20/2018	Motion to extend the time to file a response from April 25, 2018 to May 14, 2018, submitted to The Clerk.
04/20/2018	Motion to extend the time to file a response is granted and the time is further extended to and including May 14, 2018.
05/14/2018	Brief of respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration in opposition filed.
05/21/2018	Reply of petitioner Michael J. Biestek filed.
05/22/2018	DISTRIBUTED for Conference of 6/7/2018.
06/11/2018	DISTRIBUTED for Conference of 6/14/2018.
06/18/2018	DISTRIBUTED for Conference of 6/21/2018.
06/25/2018	Petition GRANTED.
06/25/2018	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.
07/13/2018	Joint motion for an extension of time to file the opening briefs on the merits filed.
07/13/2018	Joint motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 27, 2018. The time to file respondent's brief on the merits is extended to and including October 15, 2018.
08/03/2018	Blanket Consent filed by Petitioner, Michael J. Biestek
08/03/2018	Motion to dispense with printing the joint appendix filed by petitioner Michael J. Biestek.
08/27/2018	Brief of petitioner Michael J. Biestek filed.
09/04/2018	Brief amicus curiae of National Association of Disability Representatives filed.
09/04/2018	Brief amici curiae of National Organization of Social Security Claimants' Representatives, et al. filed.
10/01/2018	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
10/09/2018	SET FOR ARGUMENT on Tuesday, December 4, 2018
10/15/2018	Record received from the U.S.C.A. 6th Circuit.
10/15/2018	Brief of Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration not accepted for filing. (Revised brief submitted - 10/16/18)
10/15/2018	Brief of respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration filed. (10/16/18)
10/19/2018	CIRCULATED
11/14/2018	Reply of petitioner Michael J. Biestek filed. (Distributed)
12/04/2018	Argued. For petitioner: Ishan Bhabha, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
04/01/2019	Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion. Gorsuch, J., filed a dissenting opinion, in which Ginsburg, J., joined.
05/03/2019	JUDGMENT ISSUED.