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Kisor v. Wilkie

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Docket No. Op. Below Argument Opinion Vote Author Term
18-15 Fed. Cir. Mar 27, 2019 Jun 26, 2019 5-4 Kagan OT 2018

Holding: Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Kagan on June 26, 2019. Justice Kagan announced the judgment of the Supreme Court and delivered the opinion of the court with respect to Parts I, II–B, III–B, and IV, in which Chief Justice Roberts and Justices Ginsburg, Breyer, and Sotomayor joined, and an opinion with respect to Parts II–A and III–A, in which Justices Ginsburg, Breyer, and Sotomayor joined. Chief Justice Roberts filed an opinion concurring in part. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined, in which Justice Kavanaugh joined as to Parts I, II, III, IV, and V, and in which Justice Alito joined as to Parts I, II, and III. Justice Kavanaugh filed an opinion concurring in the judgment, in which Justice Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 19 2018Application (17A1154) to extend the time to file a petition for a writ of certiorari from May 1, 2018 to June 29, 2018, submitted to The Chief Justice.
Apr 24 2018Application (17A1154) granted by The Chief Justice extending the time to file until June 29, 2018.
Jun 29 2018Petition for a writ of certiorari filed. (Response due August 1, 2018)
Jul 25 2018Motion to extend the time to file a response from August 1, 2018 to August 31, 2018, submitted to The Clerk.
Jul 26 2018Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2018.
Jul 27 2018Brief amici curiae of Southeastern Legal Foundation and The Beacon Center of Tennessee filed.
Jul 27 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Aug 01 2018Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Aug 01 2018Brief amici curiae of National Association of Home Builders, et al. filed.
Aug 01 2018Brief amici curiae of The State's of Utah, et al. filed.
Aug 17 2018Motion to extend the time to file a response from August 31, 2018 to October 1, 2018, submitted to The Clerk.
Aug 20 2018Motion to extend the time to file a response is granted and the time is further extended to and including October 1, 2018.
Sep 26 2018Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
Sep 27 2018Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2018.
Oct 31 2018Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed.
Nov 19 2018Reply of petitioner James L. Kisor filed.
Nov 20 2018DISTRIBUTED for Conference of 12/7/2018.
Dec 10 2018Petition GRANTED limited to Question 1 presented by the petition.
Jan 16 2019Blanket Consent filed by Respondent, Robert Wilkie, Secretary of Veterans Affairs
Jan 24 2019Joint appendix filed. (Statement of costs filed)
Jan 24 2019Brief of petitioner James L. Kisor filed.
Jan 25 2019SET FOR ARGUMENT on Wednesday, March 27, 2019
Jan 30 2019Brief amici curiae of Pacific Legal Foundation, et al. filed.
Jan 31 2019Brief amici curiae of State and Local Government Associations filed.
Jan 31 2019Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations in support of neither party filed.
Jan 31 2019Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jan 31 2019Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Jan 31 2019Brief amicus curiae of Utility Air Regulatory Group filed.
Jan 31 2019Brief amicus curiae of Professor Thomas Merrill filed.
Jan 31 2019Brief amici curiae of Professors - Dean Ronald A. Cass, Christopher DeMuth, Sr., and James L. Huffman filed.
Jan 31 2019Brief amicus curiae of Washington Legal Foundation filed.
Jan 31 2019Brief amicus curiae of Center for Workplace Compliance filed.
Jan 31 2019Brief amici curiae of National Immigrant Justice Center and American Immigration Lawyers Association filed.
Jan 31 2019Brief amici curiae of National Organization of Veterans’ Advocates, Inc., et al. filed.
Jan 31 2019Brief amici curiae of National Association of Home Builders, et al. filed.
Jan 31 2019Brief amici curiae of Stephen C. Connaker and the Military and Veterans' Law Institute filed.
Jan 31 2019Brief amici curiae of States of Utah, et al. filed.
Jan 31 2019Brief amicus curiae of Public Citizen, Inc. in support of neither party filed.
Jan 31 2019Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jan 31 2019Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed. (Corrected version submitted)
Jan 31 2019Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed (2/14/19). (Distributed)
Jan 31 2019Brief amicus curiae of Sergeant Major Jeff S. Howard (Retired) filed.
Jan 31 2019Brief amici curiae of The Cato Institute, et al. filed.
Jan 31 2019Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Jan 31 2019Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
Jan 31 2019Brief amicus curiae of New Civil Liberties Alliance filed.
Jan 31 2019Brief amicus curiae of Jeremy C. Doerre filed.
Jan 31 2019Brief amicus curiae of Atlantic Legal Foundation filed.
Feb 14 2019CIRCULATED
Feb 21 2019Record requested from the U.S.C.A. Federal Circuit.
Feb 25 2019Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed)
Feb 28 2019The record received from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.
Feb 28 2019The record received from U.S. Court of Appeals for Veterans Claims are electronic and located on USCAVC web site. Also received are the pleadings from USCAVC which is confidential, (1 Envelope).
Mar 04 2019Brief amici curiae of Administrative Law Scholars filed. (Distributed)
Mar 04 2019Brief amicus curiae of Senator Sheldon Whitehouse filed. ((Distributed).
Mar 14 2019Reply of petitioner James L. Kisor filed. (Distributed)
Mar 27 2019Argued. For petitioner: Paul W. Hughes, Washington, D. C. For respondent: Noel G. Francisco, Solicitor General, Department of Justice, Washington, D. C.
Jun 26 2019Judgment VACATED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, III–B, and IV, in which Roberts, C. J., and Ginsburg, Breyer, and Sotomayor, JJ., joined, and an opinion with respect to Parts II–A and III–A, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Roberts, C. J., filed an opinion concurring in part. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, in which Kavanaugh, J., joined as to Parts I, II, III, IV, and V, and in which Alito, J., joined as to Parts I, II, and III. Kavanaugh, J., filed an opinion concurring in the judgment, in which Alito, J., joined.
Jul 29 2019JUGMENT ISSUED.