JUDGMENT ISSUED.

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.

Letter of the Solicitor General filed. (Distributed)

Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Nicole Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C.

Reply of petitioner David Babcock filed. (Distributed)

Application (21A17) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until September 8, 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.

CIRCULATED

Motion of David Babcock for an extension of time not accepted for filing. (August 06, 2021)

Record received from the U.S.C.A. 6th Circuit has been electronically filed.

Record requested from the U.S.C.A. 6th Circuit.

Brief of respondent Kijakazi, Acting Comm'r of SSA filed.

ARGUMENT SET FOR Wednesday, October 13, 2021.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

Brief amici curiae of National Veterans Legal Services Program, et al. filed.

Brief of petitioner David Babcock filed.

Motion to dispense with printing the joint appendix filed by petitioner David Babcock.

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.

Joint motion for an extension of time to file the briefs on the merits filed.

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.

Petition GRANTED.

DISTRIBUTED for Conference of 2/26/2021.

Reply of petitioner David Babcock filed. (Distributed)

Brief of respondent Andrew M. Saul, Commissioner of Social Security in opposition filed.

Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2021.

Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk.

Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020.

Motion to extend the time to file a response from November 13, 2020 to December 14, 2020, submitted to The Clerk.

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.

Petition for a writ of certiorari filed. (Response due November 13, 2020)

National Veterans Legal Services Program, Reserve Organization of America, and Enlisted Association of the National Guard of the United States, Amicus Curiae, represented by Melanie Lynn Bostwick