Davis v. Saul

Consolidated with:

Carr v. Saul

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-105	8th 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

Justices decisively reject imposing issue exhaustion on Social Security claimants (Ronald Mann, April 23, 2021)
Justices reject issue-exhaustion requirement for Social Security claimants (Ronald Mann, April 22, 2021)
Justices dubious about imposing issue exhaustion on Social Security claimants by judicial order rather than administrative regulation (Ronald Mann, March 4, 2021)
Justices to weigh issue exhaustion for Social Security claimants (Ronald Mann, March 1, 2021)
February argument calendar includes immigration, voting-rights cases (Amy Howe, December 31, 2020)
Justices grant new cases involving challenges to Social Security Administration judges (Amy Howe, November 9, 2020)
Relist Watch: Tales of Relists Foretold (John Elwood, November 3, 2020)
Mission Creep Watch (John Elwood, October 29, 2020)

Date	Proceedings and Orders (key to color coding)
07/29/2020	Petition for a writ of certiorari filed. (Response due August 31, 2020)
07/29/2020	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.
08/24/2020	Motion to extend the time to file a response from August 31, 2020 to September 29, 2020, submitted to The Clerk.
08/25/2020	Motion to extend the time to file a response is granted and the time is extended to and including September 29, 2020.
09/29/2020	Brief of respondent Andrew M. Saul, Commissioner of Social Security filed.
10/07/2020	DISTRIBUTED for Conference of 10/30/2020.
10/07/2020	Rescheduled.
10/14/2020	DISTRIBUTED for Conference of 10/30/2020.
10/14/2020	Reply of petitioners John Davis, et al. filed. (Distributed)
11/02/2020	DISTRIBUTED for Conference of 11/6/2020.
11/09/2020	Petition GRANTED. The petition for a writ of certiorari in No. 19-1442 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
11/09/2020	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. 19-1422. 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.”
11/09/2020	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.
12/31/2020	SET FOR ARGUMENT on Wednesday, March 3, 2021. VIDED.
01/14/2021	CIRCULATED
01/25/2021	Record requested from the U.S.C.A. 8th Circuit.
02/01/2021	Record received from the U.S.C.A. 8th Circuit. (1-Box)
03/03/2021	Argued. For petitioners: Sarah M. Harris, Washington, D. C. For respondent: Austin Raynor, Assistant to the Solicitor General, Washington, D. C. VIDED.
04/22/2021	Judgment 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.
05/24/2021	JUDGMENT ISSUED.
07/26/2021	Record returned to the U.S.C.A. 8th Circuit. (1-Box)