November 6, 2018

Deepak Gupta Gets Call to Argue Position Trump's DOJ Abandoned

By Tony Mauro 

If doing something twice in a row makes a trend, then the court launched a significant one on Monday afternoon.

The court announced that Deepak Gupta of Washington’s Gupta Wessler was “invited to brief and argue” as amicus curiae “in support of the judgment below” in a Social Security case from Kentucky captioned Smith v. Berryhill.

Translated, that means that Gupta will argue a position in the case that the U.S. Justice Department—representing Social Security official Nancy Berryhill—no longer embraces. The U.S. Court of Appeals for the Sixth Circuit in January ruled against the Social Security claimant, who had sought additional income resulting from disability.


In a 2016 Cornell Law Review article on the court’s amicus invitations, Benjamin N. Cardozo School of Law professor Kate Shaw said the practice smacks of “the cronyism and patronage that characterized government employment” over a century ago before civil service reforms were enacted.

Read full article in The National Law Journal.