No. 24-6889

Benjamin LaCount, II v. United States

Lower Court: Fifth Circuit
Docketed: 2025-03-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-procedure-act due-process judicial-review subject-matter-jurisdiction va-procedural-violations veterans-judicial-review-act
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2025-05-22
Question Presented (AI Summary)

Whether the Veterans' Judicial Review Act (VJRA) bars judicial review of procedural due process and APA violations by the Department of Veterans Affairs (VA)

Question Presented (OCR Extract)

Does the Veterans' Judicial Review Act (VJRA) bar judicial review of 1. procedural due process and Administrative Procedure Act (APA) violations by the Department of Veterans Affairs (VA)? Can the APA and the Fifth Amendment Due Process Clause provide judicial 2. review for the VA’s procedural violations, including falsification of documents? Did the Court of Appeals err in affirming dismissal for lack of subject matter 3. jurisdiction, depriving the petitioner of a remedy for the VA’s statutory and procedural violations?

Docket Entries

2025-05-27
Petition DENIED.
2025-05-07
DISTRIBUTED for Conference of 5/22/2025.
2025-04-28
Waiver of United States of right to respond submitted.
2025-04-28
Waiver of right of respondent United States to respond filed.
2025-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 28, 2025)

Attorneys

Benjamin LaCount
Benjamin LaCount II — Petitioner
Benjamin LaCount II — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent