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Gray v. Wilkie

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Judgment vacated and case remanded with instructions to dismiss the case as moot.
Docket No. Op. Below Argument Opinion Vote Author Term
17-1679 Fed. Cir. N/A N/A N/A N/A OT 2018

Issue: Whether the U.S. Court of Appeals for the Federal Circuit has jurisdiction under 38 U.S.C. § 502 to review an interpretive rule reflecting the Department of Veterans Affairs’ definitive interpretation of its own regulation, even if the VA chooses to promulgate that rule through its adjudication manual.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 19 2018Petition for a writ of certiorari filed. (Response due July 20, 2018)
Jul 11 2018Motion to extend the time to file a response from July 20, 2018 to August 20, 2018, submitted to The Clerk.
Jul 12 2018Motion to extend the time to file a response is granted and the time is extended to and including August 20, 2018.
Jul 20 2018Brief amicus curiae of National Veterans Legal Services Program (NVLSP) filed.
Jul 20 2018Brief amici curiae of National Organization of Veterans' Advocates, Inc.(NOVA), et al. filed.
Jul 27 2018Motion to extend the time to file a response from August 20, 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 25 2018Reply of petitioner Robert Gray filed.
Sep 26 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 10 2018Supplemental brief of petitioner Robert Gray filed. (Distributed)
Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 02 2018Petition GRANTED.
Dec 07 2018Brief amicus curiae of Jeremy C. Doerre filed.
Dec 17 2018Joint appendix filed. (Statement of costs filed)
Dec 17 2018Brief of petitioner Robert Gray filed.
Dec 17 2018Blanket Consent filed by Petitioner, Robert Gray.
Dec 20 2018Amicus brief of Natioinal Law School Veterans Clinic Consortium not accepted for filing. (December 20, 2018 -- Corrected version submitted)
Dec 20 2018Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Dec 21 2018SET FOR ARGUMENT on Monday, February 25, 2019.
Dec 21 2018Brief amici curiae of National Veterans Legal Services Program (NVLSP), et al. filed.
Dec 21 2018Brief amicus curiae of Blue Water Navy Vietnam Veterans Association filed.
Dec 21 2018Brief amici curiae of National Organization of Veterans' Advocates, Inc.(NOVA), et al. filed.
Jan 11 2019Record requested from the U.S.C.A. Federal Circuit.
Jan 15 2019CIRCULATED
Jan 16 2019Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed)
Jan 28 2019Record from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.
Feb 01 2019Memorandum of the respondent suggesting that the case may become moot filed. (Distributed)
Feb 04 2019Petitioner's response to memorandum suggesting that the case may become moot filed. (Distributed)
Feb 05 2019Letter from petitioner updating Clerk on action in related case filed. (Distributed)
Feb 06 2019The case is REMOVED FROM THE ARGUMENT CALENDAR for Monday, February 25, 2019.
Feb 07 2019The briefing schedule is suspended pending further order of the Court.
Jun 04 2019Motion to dismiss as moot filed by respondent Robert Wilkie, Secretary of Veterans Affairs.
Jun 13 2019Response to motion to dismiss as moot from petitioner Robert Gray filed.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 24 2019The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Federal Circuit with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).
Jul 26 2019JUDGMENT SSUED.