Justina S. v. Kijakazi

Background

The court had stayed this Social Security case on September 17, 2019, while several related appeals were pending in the U.S. Court of Appeals for the Eighth Circuit. The Eighth Circuit later decided the related appeals in Davis and Hilliard. Those decisions held or concluded that claimants who had not raised an Appointments Clause challenge before the administrative law judge had waived or forfeited that argument.

The Parties’ Positions

Counsel for Justina S. asked the court to continue the stay while the Eighth Circuit considered another group of consolidated appeals: Smith v. Saul, Millard v. Saul, and Taylor v. Saul. Counsel also suggested that another stay might be appropriate because further appeals could arise from the Davis and Hilliard decisions. The Commissioner argued that the court should rely on Davis to conclude that Justina S. had forfeited her Appointments Clause claim.

Court’s Reasoning

The court concluded that waiting for the second group of Eighth Circuit appeals would simplify the issues, conserve judicial resources, and would not severely prejudice Justina S. The order addressed whether to continue pausing the case; it did not decide the underlying Social Security claim or resolve Justina S.’s Appointments Clause challenge.

Order

Judge Katherine Menendez ordered that the matter remain stayed pending the outcomes of the consolidated appeals in Smith, Millard, and Taylor. The parties must contact the court within 14 days after the Eighth Circuit issues its decisions in those cases to request lifting the stay or other relief. The court will decide whether to request additional briefing on the Appointments Clause issue after receiving the parties’ required status updates.