No. 19-221

Michelle Valent v. Andrew M. Saul, Commissioner of Social Security

Lower Court: Sixth Circuit
Docketed: 2019-08-20
Status: Dismissed
Type: Paid
Amici (3)
Tags: administrative-law administrative-sanctions agency-interpretation chenery-doctrine chevron-deference civil-rights disability-benefits due-process social-security social-security-act statutory-conflict statutory-interpretation
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the Court should overrule
Chevron.

2. Whether Chevron requires courts to defer to
an agency's resolution of a conflict between statutory
provisions.

3. Whether the Court should summarily
reverse the decision below, because the Sixth Circuit
violated SEC v. Chenery Corp., 318 U.S. 80 (1943), by
affirming an administrative order based on an
allegation that the agency decisionmaker rejected as
unsupported by the evidence and that the
Commissioner concedes was not a basis for the order.

Question Presented (AI Summary)

Whether the Commissioner of Social Security can impose monetary sanctions on a disability benefits recipient for failing to report unpaid volunteer work, even though the Social Security Act prohibits using such work activity as evidence that the recipient is no longer disabled

Docket Entries

2019-12-10
Petition Dismissed - Rule 46.
2019-11-20
Stipulation to dismissal under Rule 46.1 filed.
2019-10-22
Motion to extend the time to file a response is granted and the time is further extended to and including November 20, 2019.
2019-10-21
Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk.
2019-09-19
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
2019-09-19
Brief amicus curiae of Southeastern Legal Foundation filed.
2019-09-19
Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
2019-09-11
Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2019.
2019-09-10
Motion to extend the time to file a response from September 19, 2019 to October 21, 2019, submitted to The Clerk.
2019-08-26
Blanket Consent filed by Petitioner, Michelle Valent.
2019-08-16
Petition for a writ of certiorari filed. (Response due September 19, 2019)
2019-06-13
Application (18A1301) granted by Justice Sotomayor extending the time to file until August 16, 2019.
2019-06-05
Application (18A1301) to extend the time to file a petition for a writ of certiorari from June 18, 2019 to August 16, 2019, submitted to Justice Sotomayor.

Attorneys

Center for Constitutional Jurisprudence, et al.
Anthony Thomas CasoCenter for Constitutional Jurisprudence, Amicus
Michelle Valent
Adam Rabun Fast GustafsonBoyden Gray & Associates PLLC, Petitioner
National Right to Work Legal Defense Foundation, Inc.
Raymond J. LaJeunesse Jr.National Right to Work Legal Foundation, Amicus
Saul, Commissioner of Social Security, Andrew
Noel J. FranciscoSolicitor General, Respondent
Southeastern Legal Foundation
Kimberly Stewart HermannSoutheastern Legal Foundation, Amicus