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Carr v. Saul

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-1442 10th Cir. Mar 3, 2021 Apr 22, 2021 9-0 Sotomayor OT 2020

Holding: Principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on April 22, 2021. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justices Gorsuch and Barrett joined. Justice Breyer filed an opinion concurring in part and concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
06/29/2020Petition for a writ of certiorari filed. (Response due July 31, 2020)
06/29/2020Pursuant 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.
07/29/2020Motion to extend the time to file a response from July 31, 2020 to August 31, 2020, submitted to The Clerk.
07/30/2020Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2020.
08/24/2020Motion to extend the time to file a response from August 31, 2020 to September 30, 2020, submitted to The Clerk.
08/25/2020Motion to extend the time to file a response is granted and the time is further extended to and including September 30, 2020.
09/29/2020Brief of respondent Saul, Andrew M. filed.
10/14/2020DISTRIBUTED for Conference of 10/30/2020.
10/14/2020Reply of petitioners Willie Earl Carr, et al. filed.
11/02/2020DISTRIBUTED for Conference of 11/6/2020.
11/09/2020Petition 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.
11/09/2020Because 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.”
11/09/2020As 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.
12/09/2020Blanket Consent filed by Petitioner, John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman
12/09/2020Motion to dispense with printing the joint appendix filed by petitioners in No. 20-105.
12/11/2020Motion to dispense with printing the joint appendix filed by petitioners in No. 19-1442.
12/18/2020Brief amici curiae of Collective of Social Security Administration Administrative Law Judges in support of neither party filed.
12/28/2020Brief of petitioners John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman (in 20-105) filed.
12/28/2020Brief of petitioners Willie Earl Carr, et al. filed.
12/30/2020Brief amicus curiae of Institute for Justice filed. VIDED.
12/31/2020SET FOR ARGUMENT on Wednesday, March 3, 2021. VIDED.
12/31/2020Brief amici curiae of Social Security, Government Benefit Program and Administrative Law Professors and Scholars filed. VIDED.
12/31/2020Brief amici curiae of National Organization of Social Security Claimants' Representatives, et al. filed. VIDED.
01/04/2021Brief amicus curiae of National Association of Disability Representatives filed.VIDED
01/04/2021Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
01/04/2021Amicus brief of The New Civil Liberties Alliance & Cato Institute not accepted for filing. (January 05, 2021 - Corrected version to be submitted).
01/04/2021Brief amici curiae of The New Civil Liberties Alliance & Cato Institute filed. VIDED.
01/11/2021Motion to dispense with printing the joint appendix filed by petitioners in No. 19-1442 GRANTED.
01/11/2021Motion to dispense with printing the joint appendix filed by petitioners in No. 20-105 GRANTED.
01/14/2021CIRCULATED
01/25/2021Record requested from the U.S.C.A. 10th Circuit.
01/27/2021Brief of respondent Saul, Andrew M., Commissioner of Social Security filed. VIDED. (Distributed)
01/28/2021Record received from the U.S.C.A. 10th Circuit is electronically filed.
02/17/2021Reply of petitioners Willie Earl Carr, et al. filed. (Distributed)
02/18/2021Reply of petitioners John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman filed (in 20-105). (Distributed)
03/03/2021Argued. For petitioners: Sarah M. Harris, Washington, D. C. For respondent: Austin Raynor, Assistant to the Solicitor General, Washington, D. C. VIDED.
04/22/2021Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kagan, and Kavanaugh, JJ., joined, in which Thomas, Gorsuch, and Barrett, JJ., joined as to Parts I, II–A, and II–B–2, and in which Breyer, J., joined as to Parts I, II–B–1, and II–B–2. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch and Barrett, JJ., joined. Breyer, J., filed an opinion concurring in part and concurring in the judgment. VIDED.
05/24/2021JUDGMENT ISSUED.