1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 CHARLES EDWARD JOHNSON, Case No. 2:21-cv-01036-NJK

8 Plaintiff(s), ORDER 9 v. [Docket No. 21] 10 KILOLO KIJAKAZI, 11 Defendant(s). 12 This case involves judicial review of administrative action by the Commissioner of Social 13 Security (“Commissioner”) denying Plaintiff’s application for disability insurance benefits 14 pursuant to Title XVI of the Social Security Act. 15 Currently before the Court is Plaintiff’s Motion for Remand. Docket No. 21.1 One of the 16 issues raised is whether remand is required in light of constitutional concerns regarding the tenure 17 of former Commissioner Andrew Saul. The motion has not directly addressed the question of 18 Plaintiff’s standing to raise this argument, which is a jurisdictional issue that the Court has a duty 19 to examine. E.g., United States v. Hays,

(1995). Moreover, it appears that there 20 is a split of authority on standing in the context of the separation-of-powers argument now being 21 presented. See, e.g., Tristan M. v. Kijakazi,

, at *2 (D. Minn. Oct. 27, 2021) 22 (collecting cases on split of authority). 23 24 25 26 27 1 The parties consented to resolution of this matter by the undersigned magistrate judge. 28 See Docket No. 3; see also Gen. Order 2019-08. 1 Accordingly, Plaintiff's motion is DENIED without prejudice. Any renewed motion raising this constitutional argument must provide meaningful discussion as to Plaintiff's standing. The renewed motion must be filed by November 16, 2021. 4 IT IS SO ORDERED. 5 Dated: November 2, 2021 Zoi ee tl Nancy JsKoppe \ 7 United StatesMagistrate Judge 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ? This is a rapidly evolving area of the law. The Court expects counsel to thoroughly research the positions advanced and to cite supportive case law whenever possible, even if that 28] case law is out-of-circuit, unpublished, and/or at the district court level.