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 -- we would not expect orders granting certiorari today.

Henderson v. Shinseki

Docket No. Op. Below Argument Opinion Vote Author Term
09-1036 Fed. Cir. Dec 6, 2010
Tr.Aud.
Mar 1, 2011 8-0 Alito OT 2010

Holding: The deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences, and Congress did not require the 120-day deadline to be treated as jurisdictional. (Kagan, J., recused).

Plain English Holding: The deadline for filing a notice of appeal with the Veterans Court is not jurisdictional.

Judgment: Reversed, 8-0, in an opinion by Justice Samuel Alito on March 1, 2011. (Kagan, J., recused).

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

  • Opinion below (Federal Circuit)
  • Petition for certiorari (unavailable)
  • Brief in opposition (unavailable)
  • Petitioner’s reply (unavailable)
  • Amicus brief of the National Organization Of Veterans Advocates, Inc. et al. (unavailable)
  • Amicus brief of Paralyzed Veterans of America (unavailable)
  • Amicus brief of the United Spinal Association (unavailable)
 
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