Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Byron v. Shinseki

Petition for certiorari denied on January 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-389 Fed. Cir. N/A N/A N/A N/A OT 2012

Issue: Whether the U.S. Court of Appeals for Veterans Claims (CAVC) has the authority and responsibility to reverse a denial of benefits where the record is complete and there is no bona fide issue for remand and thus no agency discretion to exercise upon a remand.

DateProceedings and Orders
Sep 17 2012Petition for a writ of certiorari filed. (Response due October 29, 2012)
Oct 17 2012Brief amicus curiae of Disabled American Veterans filed.
Oct 24 2012Order extending time to file response to petition to and including November 28, 2012.
Oct 25 2012Brief amicus curiae of Professor William F. Fox filed.
Oct 29 2012Brief amici curiae of Gold Star Wives of America, et al. filed.
Nov 28 2012Brief of respondent Eric K. Shinseki, Secretary of Veterans Affairs in opposition filed.
Dec 7 2012Reply of petitioner Lady L. Byron filed.
Dec 12 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013Petition DENIED.
 
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