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Veterans for Common Sense v. Shinseki

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Petition for certiorari denied on January 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-296 9th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether the Ninth Circuit erred in holding that 38 U.S.C. § 511, which provides that the Secretary of Veterans Affairs “shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits,” and that “the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any other court,” precludes the district court’s jurisdiction over systemic challenges to the United States Department of Veterans Affairs’ failures to provide timely medical benefits and to timely resolve claims for service-connected death and disability benefits.

DateProceedings and Orders (key to color coding)
Jul 19 2012Application (12A78) to extend the time to file a petition for a writ of certiorari from August 5, 2012 to September 5, 2012, submitted to Justice Kennedy.
Jul 24 2012Application (12A78) granted by Justice Kennedy extending the time to file until September 5, 2012.
Sep 5 2012Petition for a writ of certiorari filed. (Response due October 10, 2012)
Oct 4 2012Order extending time to file response to petition to and including November 9, 2012.
Oct 10 2012Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Oct 10 2012Brief amicus curiae of Veterans Law Committee of the Delaware State Bar Association filed.
Nov 1 2012Order further extending time to file response to petition to and including November 30, 2012.
Nov 30 2012Brief of respondents Eric K. Shinseki, Secretary of Veterans Affairs, et al. in opposition filed.
Dec 11 2012Reply of petitioners Veterans for Common Sense, et al. filed. (Distributed)
Dec 12 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013Petition DENIED.