Breaking News

Blue Water Navy Vietnam Veterans Association Inc. v. Wilkie

Petition granted, judgment vacated and case remanded with instructions to dismiss the case as moot.
Docket No. Op. Below Argument Opinion Vote Author Term
17-1693 Fed. Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether judicial review of an interpretative Department of Veteran Affairs’ regulation under the Administrative Procedures Act should be foreclosed under 38 U.S.C. § 502 when the Veterans Judicial Reform Act provides the sole avenue for review of the Secretary’s decisions; and (2) whether the U.S. Court of Appeals for the Federal Circuit’s decision creates a conflict with the U.S. Court of Appeals for the District of Columbia’s decision in Blue Water Navy Vietnam Veterans Association Inc. and Military-Veterans Advocacy Inc. v. McDonald.

DateProceedings and Orders (key to color coding)
Jun 18 2018Petition for a writ of certiorari filed. (Response due July 23, 2018)
Jul 19 2018Motion to extend the time to file a response from July 23, 2018 to August 22, 2018, submitted to The Clerk.
Jul 19 2018Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2018.
Jul 27 2018Motion to extend the time to file a response from August 22, 2018 to September 7, 2018, submitted to The Clerk.
Jul 30 2018Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.
Sep 07 2018Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed. VIDED.
Sep 24 2018Reply of petitioner Blue Water Navy Vietnam Veterans Association, Inc. filed. (Distributed)
Sep 26 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 17 2019Supplemental brief of petitioner Blue Water Navy Vietnam Veterans Association, Inc. filed. (Distributed)
Jun 24 2019Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).
Jul 26 2019JUDGMENT ISSUED.