No. 23-7140

Paul Wright v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2024-04-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-procedures-act article-i article-iii court-of-appeals-for-the-federal-circuit court-of-appeals-for-veterans-claims delegated-powers veterans-judicial-review-act
Key Terms:
AdministrativeLaw
Latest Conference: 2024-05-30 (distributed 2 times)
Question Presented (AI Summary)

Whether an aggrieved veteran's right to judicial review of the Article I veteran-benefit administrative process is independent of review of decisions issued within that Article I process

Question Presented (from Petition)

QUESTION PRESENTED The Veterans Judicial Review Act of 1988 affords judicial review of the Article I veteran-benefit administrative process, pursuant to 38 U.S.C. § 7261 in the Court of Appeals for Veterans Claims as an Article I tribunal, and pursuant to 38 U.S.C. § 7292(d) in the Court of Appeals for the Federal Circuit as the Article IIT court of first instance; those provisions derive operative language from 5 U.S.C. § 706 of the Administrative Procedures Act. The Veterans Judicial Review Act of 1988 also affords appellate review of decisions issued within that Article I process, pursuant to 38 U.S.C. § 7252(a) in the Court of Appeals for Veterans Claims, and pursuant to 38 U.S.C. § 7292(e) in the Court of Appeals for the Federal Circuit. The Court of Appeals for the Federal Circuit refused to review specified jurisdictional defects in the Article I veteran-benefit administrative process, reasoning that 38 U.S.C. § 7292(a) limits its jurisdiction to reviewing decisions of the Court of Appeals for Veterans Claims. In relation to those circumstances, the question presented is: Whether an aggrieved veteran’s right to judicial review of the Article I veteran-benefit administrative process, pursuant to the first sentence of 38 U.S.C. § 7292(d)(1) in the Court of Appeals for the Federal Circuit as the Article III court of first instance, is independent of review of decisions issued within that Article I process. ;

Docket Entries

2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-14
Supplemental brief of petitioner Paul Wright filed. (Distributed)
2024-05-06
Waiver of right of respondent McDonough, Secretary of Veteran Affairs, Denis to respond filed.
2024-02-20
Motion (23M58) for leave to proceed as a veteran Denied.
2024-01-31
MOTION (23M58) DISTRIBUTED for Conference of 2/16/2024.
2024-01-23
Motion (23M58) for leave to proceed as a veteran filed.
2024-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2024)

Attorneys

McDonough, Secretary of Veteran Affairs, Denis
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Paul Wright
Paul Wright — Petitioner
Paul Wright — Petitioner