Latest Case: Sczepanski v. Saul (Public Benefits)

Is John Roberts a Closeted Never-Trumper? Reading Between the Lines of the Chief Justice’s Year-End Report

MICHAEL C. DORF

Cornell law professor Michael C. Dorf offers one interpretation of Chief Justice John Roberts’s annual year-end report on the federal judiciary—that the Chief Justice intends to serve as a modest counterbalance to President Trump. Dorf supports his interpretation with text and context of the year-end report but offers his cautious praise to the Chief Justice with a few important caveats as well.

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Sczepanski v. Saul

Docket: 19-185

Opinion Date: January 7, 2020

Judge: Robert A. Katzmann

Areas of Law: Public Benefits

Plaintiff appealed the district court's decision affirming the denial of her application for supplemental security income. The Second Circuit vacated, holding that the ALJ erred in assuming that plaintiff's ability to complete a probationary period was irrelevant to her ability to perform significant numbers of jobs in the national economy. Accordingly, the court remanded the matter to the Commissioner for further development of the evidence.