No. 18-15
James L. Kisor v. Robert Wilkie, Secretary of Veterans Affairs
Amici (33)
Experienced Counsel
Tags: administrative-law agency-deference ambiguous-regulation civil-procedure due-process judicial-review regulatory-interpretation retroactive-benefits statutory-interpretation substantive-canons veterans-benefits
Latest Conference:
2018-12-07
Question Presented (from Petition)
1. Whether the Court should overrule Auer and Seminole Rock.
2. Alternatively, whether Auer deference should yield to a substantive canon of construction.
Question Presented (AI Summary)
Whether the Court should overrule Auer and Seminole Rock
Docket Entries
2019-07-29
JUGMENT ISSUED.
2019-06-26
Judgment VACATED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, III–B, and IV, in which Roberts, C. J., and Ginsburg, Breyer, and Sotomayor, JJ., joined, and an opinion with respect to Parts II–A and III–A, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Roberts, C. J., filed an opinion concurring in part. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, in which Kavanaugh, J., joined as to Parts I, II, III, IV, and V, and in which Alito, J., joined as to Parts I, II, and III. Kavanaugh, J., filed an opinion concurring in the judgment, in which Alito, J., joined.
2019-03-27
Argued. For petitioner: Paul W. Hughes, Washington, D. C. For respondent: Noel G. Francisco, Solicitor General, Department of Justice, Washington, D. C.
2019-03-14
Reply of petitioner James L. Kisor filed. (Distributed)
2019-03-04
Brief amicus curiae of Senator Sheldon Whitehouse filed. ((Distributed).
2019-03-04
Brief amici curiae of Administrative Law Scholars filed. (Distributed)
2019-02-28
The record received from U.S. Court of Appeals for Veterans Claims are electronic and located on USCAVC web site. Also received are the pleadings from USCAVC which is confidential, (1 Envelope).
2019-02-28
The record received from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.
2019-02-25
Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed)
2019-02-21
Record requested from the U.S.C.A. Federal Circuit.
2019-02-14
CIRCULATED
2019-01-31
Brief amicus curiae of Washington Legal Foundation filed.
2019-01-31
Brief amici curiae of Professors - Dean Ronald A. Cass, Christopher DeMuth, Sr., and James L. Huffman filed.
2019-01-31
Brief amicus curiae of Center for Workplace Compliance filed.
2019-01-31
Brief amici curiae of National Immigrant Justice Center and American Immigration Lawyers Association filed.
2019-01-31
Brief amici curiae of National Organization of Veterans’ Advocates, Inc., et al. filed.
2019-01-31
Brief amici curiae of National Association of Home Builders, et al. filed.
2019-01-31
Brief amici curiae of Stephen C. Connaker and the Military and Veterans' Law Institute filed.
2019-01-31
Brief amici curiae of States of Utah, et al. filed.
2019-01-31
Brief amicus curiae of Public Citizen, Inc. in support of neither party filed.
2019-01-31
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2019-01-31
Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed. (Corrected version submitted)
2019-01-31
Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed (2/14/19). (Distributed)
2019-01-31
Brief amicus curiae of Sergeant Major Jeff S. Howard (Retired) filed.
2019-01-31
Brief amici curiae of The Cato Institute, et al. filed.
2019-01-31
Brief amici curiae of Southeastern Legal Foundation, et al. filed.
2019-01-31
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
2019-01-31
Brief amicus curiae of New Civil Liberties Alliance filed.
2019-01-31
Brief amicus curiae of Jeremy C. Doerre filed.
2019-01-31
Brief amicus curiae of Atlantic Legal Foundation filed.
2019-01-31
Brief amicus curiae of Professor Thomas Merrill filed.
2019-01-31
Brief amicus curiae of Utility Air Regulatory Group filed.
2019-01-31
Brief amici curiae of National Veterans Legal Services Program, et al. filed.
2019-01-31
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2019-01-31
Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations in support of neither party filed.
2019-01-31
Brief amici curiae of State and Local Government Associations filed.
2019-01-30
Brief amici curiae of Pacific Legal Foundation, et al. filed.
2019-01-25
SET FOR ARGUMENT on Wednesday, March 27, 2019
2019-01-24
Brief of petitioner James L. Kisor filed.
2019-01-24
Joint appendix filed. (Statement of costs filed)
2019-01-16
Blanket Consent filed by Respondent, Robert Wilkie, Secretary of Veterans Affairs
2018-12-10
Petition GRANTED limited to Question 1 presented by the petition.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-19
Reply of petitioner James L. Kisor filed.
2018-10-31
Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed.
2018-09-27
Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2018.
2018-09-26
Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
2018-08-20
Motion to extend the time to file a response is granted and the time is further extended to and including October 1, 2018.
2018-08-17
Motion to extend the time to file a response from August 31, 2018 to October 1, 2018, submitted to The Clerk.
2018-08-01
Brief amici curiae of The State's of Utah, et al. filed.
2018-08-01
Brief amici curiae of National Association of Home Builders, et al. filed.
2018-08-01
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2018-07-27
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2018-07-27
Brief amici curiae of Southeastern Legal Foundation and The Beacon Center of Tennessee filed.
2018-07-26
Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2018.
2018-07-25
Motion to extend the time to file a response from August 1, 2018 to August 31, 2018, submitted to The Clerk.
2018-06-29
Petition for a writ of certiorari filed. (Response due August 1, 2018)
2018-04-24
Application (17A1154) granted by The Chief Justice extending the time to file until June 29, 2018.
2018-04-19
Application (17A1154) to extend the time to file a petition for a writ of certiorari from May 1, 2018 to June 29, 2018, submitted to The Chief Justice.
Attorneys
ADMINISTRATIVE LAW SCHOLARS
American Federation of Labor and Congress of Industrial Organizations
Atlantic Legal Foundation
Center for Constitutional Jurisprudence
Center for Workplace Compliance
Michael Patrick Bracken — NT Lakis, LLP, Amicus
James L. Kisor
Paul Whitfield Hughes — Mayer Brown LLP, Petitioner
Jeff S. Howard
Shawn Terry Welch — Holland & Hart, LLP, Amicus
Jeremy C. Doerre
Jeremy Cooper Doerre — Tillman Wright, PLLC, Amicus
National Association of Home Builders, et al.
Evan Andrew Young — Baker Botts, L.L.P., Amicus
National Immigrant Justice Center and American Immigration Lawyers Association
Jean-Claude Andre — Sidley Austin LLP, Amicus
National Organization of Veterans’ Advocates, Inc., et al.
Roman Martinez V — Latham & Watkins, LLP, Amicus
National Right to Work Legal Defense Foundation, Inc.
National Veterans Legal Services Program et al.
Amy Mason Saharia — Williams & Connolly LLP, Amicus
New Civil Liberties Alliance
Jonathan F. Mitchell — Mitchell Law PLLC, Amicus
Pacific Legal Foundation
Anthony Lee Francois — Pacific Legal Foundation, Amicus
Professor Thomas Merrill
William McGinley Jay — Goodwin Procter, LLP, Amicus
Professors - Dean Ronald A. Cass, Christopher DeMuth, Sr., and James L. Huffman
Ronald Andrew Cass — Cass & Associates, PC, Amicus
PROFESSORS OF ADMINISTRATIVE LAW AND FEDERAL REGULATION
Public Citizen, Inc.
Robert Wilkie, Secretary of Veterans Affairs
Noel J. Francisco — Solicitor General, Respondent
Senator Sheldon Whitehouse
Sheldon Whitehouse — Amicus
Southeastern Legal Foundation, et al.
State and Local Government Associations
Allyson Ho — Gibson, Dunn & Crutcher LLP, Amicus
State's of Utah, et al.
Tyler Green — Utah Solicitor General, Amicus
Stephen C. Connaker, et al.
William James Brown Jr. — Brown Wegner LLP, Amicus
The Cato Institute, et al.
Ilya Shapiro — Cato Institute, Amicus
The Chamber of Commerce of the United States of America
Mark W. Mosier — Covington & Burling, LLP, Amicus
Utility Air Regulatory Group
Elbert Lin — Hunton Andrews Kurth LLP, Amicus
Washington Legal Foundation