Aug 11, 2007

Cert. Petition In Public Citizen Case

The Deficit Reduction Act of 2005 (DRA) contained items that modified Social Security law, particularly in regard to the payment of back SSI benefits. The DRA has been controversial because it was not passed by the two houses of Congress in exactly the same form. The most prominent litigation on this has been Public Citizen v. Clerk, U.S. District Court.

The DRA has been upheld by the District Court, 451 F.Supp. 2d 109 (D.D.C. 2006) and the Court of Appeals, 486 F.3d 1342 (D.C. 2007). Public Citizen has now filed a petition for certiorari with the Supreme Court. Although this litigation has gotten short shrift so far, it is of basic constitutional importance and cert may well be granted.

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