Salinas v. Railroad Retirement Bd. (19-199)

argument 19-199

Salinas v. Railroad Retirement Bd.

Supreme Court of the United States 1h 3m 7 speakers 8 chapters transcribed 5 days ago official recording ↗
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What is the central legal question about judicial review of reopening denials in Salinas v. Railroad Retirement Board?

John G. Roberts 0:00
We'll hear argument next in case nineteen one nine nine, Salinas versus United States Railroad Retirement Board. Ms. Harris.
Unknown 0:09
Mr Chief Justice Emea pleased the court. Because Congress in Section three hundred and fifty five F subjected any final decisions of the Railroad Retirement Board to judicial review, all final decisions, including reopening denials, are reviewable. The government is incorrect that three hundred and fifty five F limits review only to decisions under three hundred and fifty five C. First, the government reads three hundred and fifty five F to say parties aggrieved by any final decision under three hundred and fifty five C may challenge any such final decision. That impermissibly adds the word such. three fifty five F says any final decision holds up. Any final decision tracks the broad language of Section two hundred and thirty one G, the RRA's parallel judicial review provision governing claims like Mrs.
Unknown 1:00
Oliv's. Second, only R reading makes sense of both the R UIA and the R R A. Section three hundred and fifty five C made these hearings or board appeals for specific RUIA decisions. If Congress wanted to limit judicial review across both statutes, the RRA should parallel three hundred and fifty five. But it doesn't. The RRA doesn't mandate any hearing. The RA made its board appeals for different decisions than three fifty five C. And Section two thirty one G extends judicial review beyond decisions entitled to board appeals. It's not plausible that Congress can find judicial review under both statutes. to decisions with no similar significance under the RRA, which applies to ninety-six percent of beneficiaries.
Unknown 1:51
And third, limiting judicial review to decisions under 355 C would foreclose review of all other decisions, like refusals to modify or terminate benefits. To avoid that result, the government tries to bend three hundred and fifty five C to fit most of these decisions. But if the text is that broad, there's no principle of basis for excluding reopening denials from 355 C.
John G. Roberts 2:15
Counsel, um l let's begin with 231 G, since this is an R R A case, and it says that what's subject to judicial review are quote decisions of the board determining the rights or liabilities of any person under the Act. Now board determinations, uh uh the the act is just chock full of them. They're they're determining substantive things like who's eligible for how much money, who's eligible for annuity, what are the benefits for spouses, uh, where does the money come from? Uh nothing like a decision about whether uh to reopen. Uh so shouldn't we look at that under the R R A uh in determining whether or not Such procedural questions are subject to judicial review.
Unknown 3:02
Well no, I think the text of two hundred thirty one G and its use of the phrase determining the rights or liabilities of any person is more than capacious enough to fit a decision like a denial of reopening, which is the agency's last word and denies a claim for benefit. Uh maybe. Well
John G. Roberts 3:18
maybe in the maybe in the abstract you can say, well, this is a determination of a right but the phrase determinations of the board, uh it's almost a term of art in the statute. They're and they're talking about uh uh rights and liabilities in a substantive way.
Unknown 3:34
Well, I think the rest of two thirty one G actually refutes that interpretation that it's limited to the initial substantive benefit determination because if you look at the except clause of two hundred one G, it says except at the time within which proceedings for review of a decision with respect to an annuity or other listed benefits may be commenced. So that phrase is clearly narrower than the phrase decisions determining rights or liabilities, which signals uh that things like reopening denials would certainly fit within the first clause.
John G. Roberts 4:08
Well the only type of determinations on uh that are reviewable are uh even if you're right about rights or liabilities, they're rights or liabilities under the Act. Uh and the reopening right uh isn't under the Act. It's under a regulation.

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