| No. 20-480 | |
| Title: | David Bryon Babcock, Petitioner v. Kilolo Kijakazi, Acting Commissioner of Social Security |
| Docketed: | October 14, 2020 |
| Linked with 21A17 | |
| Lower Ct: | United States Court of Appeals for the Sixth Circuit |
| Case Numbers: | (19-1687) |
| Decision Date: | May 11, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 08 2020 | Petition for a writ of certiorari filed. (Response due November 13, 2020) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| 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. |
| Main DocumentProof of Service | |
| Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021. |
| Jan 27 2021 | Reply of petitioner David Babcock filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| 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. |
| Main Document | |
| 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. |
| Main DocumentProof of Service | |
| May 20 2021 | Brief of petitioner David Babcock filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 27 2021 | Brief amici curiae of National Veterans Legal Services Program, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| 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. |
| Certificate of Word CountMain Document | |
| 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. |
| Main DocumentProof of Service | |
| 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) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 13 2021 | Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Nicole Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Oct 14 2021 | Letter of the Solicitor General filed. (Distributed) |
| Main Document | |
| Jan 13 2022 | Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion. |
| Feb 14 2022 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Neal Kumar Katyal | Hogan Lovells US LLP 555 Thirteenth St., N.W. Washington, DC 20004 neal.katyal@hoganlovells.com | (202) 637-5600 |
| Party name: David Babcock | ||
| Attorneys for Respondent | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Kijakazi, Acting Comm'r of SSA | ||
| Other | ||
| Melanie Lynn Bostwick Counsel of Record | Orrick, Herrington & Sutcliffe LLP 1152 15th Street NW Washington, DC 20005 mbostwick@orrick.com | 202-339-8483 |
| Party name: National Veterans Legal Services Program, Reserve Organization of America, and Enlisted Association of the National Guard of the United States | ||