No. 21-972

Thomas H. Buffington v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2022-01-06
Status: Denied
Type: Paid
Amici (5)Relisted (12) Experienced Counsel
Tags: administrative-law chevron-deference chevron-doctrine deference judicial-review pro-veteran-canon statutory-interpretation veterans-benefits
Latest Conference: 2022-11-04 (distributed 12 times)
Question Presented (from Petition)

1. Whether the Chevron doctrine permits courts to defer to VA's construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction.

2. Whether Chevron should be overruled.

Question Presented (AI Summary)

Whether the Chevron doctrine permits courts to defer to VA's construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction

Docket Entries

2022-11-07
Petition DENIED. Justice Gorsuch, dissenting from the denial of certiorari. (Detached Opinion)
2022-10-31
DISTRIBUTED for Conference of 11/4/2022.
2022-10-24
DISTRIBUTED for Conference of 10/28/2022.
2022-10-11
DISTRIBUTED for Conference of 10/14/2022.
2022-10-03
DISTRIBUTED for Conference of 10/7/2022.
2022-09-12
DISTRIBUTED for Conference of 9/28/2022.
2022-06-21
Rescheduled.
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2022-06-16
Rescheduled.
2022-06-13
DISTRIBUTED for Conference of 6/16/2022.
2022-06-07
Rescheduled.
2022-06-06
DISTRIBUTED for Conference of 6/9/2022.
2022-05-31
Rescheduled.
2022-05-31
DISTRIBUTED for Conference of 6/2/2022.
2022-05-24
Rescheduled.
2022-05-23
DISTRIBUTED for Conference of 5/26/2022.
2022-05-17
Rescheduled.
2022-05-16
DISTRIBUTED for Conference of 5/19/2022.
2022-05-05
Rescheduled.
2022-04-26
Reply of petitioner Thomas H. Buffington filed. (Distributed)
2022-04-26
DISTRIBUTED for Conference of 5/12/2022.
2022-04-08
Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
2022-03-04
Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2022.
2022-03-03
Motion to extend the time to file a response from March 9, 2022 to April 8, 2022, submitted to The Clerk.
2022-02-07
Brief amici curiae of Military-Veterans Advocacy, et al. filed.
2022-02-07
Brief amici curiae of Indiana, et al. filed.
2022-02-07
Brief amici curiae of Cato Institute and the National Right to Work Legal Defense Foundation, Inc. filed.
2022-02-07
Brief amici curiae of Senators Tom Cotton, Marsha Blackburn, Kevin Cramer, and Ted Cruz filed.
2022-02-04
Brief amicus curiae of Concerned Veterans for America Foundation filed.
2022-01-14
Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2022.
2022-01-12
Motion to extend the time to file a response from February 7, 2022 to March 9, 2022, submitted to The Clerk.
2022-01-03
Petition for a writ of certiorari filed. (Response due February 7, 2022)
2021-11-30
Application (21A113) granted by The Chief Justice extending the time to file until January 3, 2022.
2021-11-22
Application (21A113) to extend further the time from December 6, 2021 to January 3, 2022, submitted to The Chief Justice.
2021-10-27
Application (21A113) granted by The Chief Justice extending the time to file until December 6, 2021.
2021-10-22
Application (21A113) to extend the time to file a petition for a writ of certiorari from November 4, 2021 to December 6, 2021, submitted to The Chief Justice.

Attorneys

Cato Institute and the National Right to Work Legal Defense Foundation, Inc.
Thomas Ryan McCarthyConsovoy McCarthy PLLC, Amicus
Concerned Veterans for America Foundation
Michael David PepsonAmericans for Prosperity Foundation, Amicus
Denis R. McDonough, Secretary of Veteran Affairs
Elizabeth B. PrelogarSolicitor General, Respondent
Military-Veterans Advocacy, National Organization of Veterans’ Advocates, Paralyzed Veterans of America, The Veterans of Foreign Wars, and Vietnam Veterans of America
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Amicus
National Right to Work Legal Defense Foundation, Inc.
Raymond J. LaJeunesse Jr.National Right to Work Legal Defense Foundation, Amicus
Senators Tom Cotton, Marsha Blackburn, Kevin Cramer, and Ted Cruz
Michael Hugh McGinleyDechert LLP, Amicus
States of Indiana, Arizona, Alabama, Alaska, Arkansas, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Utah, and Virginia
Thomas M. FisherOffice of the Indiana Attorney General, Amicus
Thomas H. Buffington
Richard A. SampNew Civil Liberties Alliance, Petitioner