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Buffington v. McDonough

Petition for a writ of certiorari denied on November 7, 2022. Justice Gorsuch dissented from the denial of certiorari.

Docket No.21-972
Op. BelowFed. Cir.

Issue

(1) Whether the doctrine of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. permits courts to defer to the Department of Veterans Affairs" construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled.

Proceedings & orders timeline

Oct 22, 2021
Application (21A113) to extend the time to file a petition for a writ of certiorari from November 4, 2021 to December 6, 2021, submitted to The Chief Justice.
Oct 27, 2021
Application (21A113) granted by The Chief Justice extending the time to file until December 6, 2021.
Nov 22, 2021
Application (21A113) to extend further the time from December 6, 2021 to January 3, 2022, submitted to The Chief Justice.
Nov 30, 2021
Application (21A113) granted by The Chief Justice extending the time to file until January 3, 2022.
Jan 3, 2022
Petition for a writ of certiorari filed. (Response due February 7, 2022)
Jan 12, 2022
Motion to extend the time to file a response from February 7, 2022 to March 9, 2022, submitted to The Clerk.
Jan 14, 2022
Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2022.
Feb 4, 2022
Brief amicus curiae of Concerned Veterans for America Foundation filed.
Feb 7, 2022
Brief amici curiae of Indiana, et al. filed.
Feb 7, 2022
Brief amici curiae of Military-Veterans Advocacy, et al. filed.
Feb 7, 2022
Brief amici curiae of Cato Institute and the National Right to Work Legal Defense Foundation, Inc. filed.
Feb 7, 2022
Brief amici curiae of Senators Tom Cotton, Marsha Blackburn, Kevin Cramer, and Ted Cruz filed.
Mar 3, 2022
Motion to extend the time to file a response from March 9, 2022 to April 8, 2022, submitted to The Clerk.
Mar 4, 2022
Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2022.
Apr 8, 2022
Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
Apr 26, 2022
DISTRIBUTED for Conference of 5/12/2022.
Apr 26, 2022
Reply of petitioner Thomas H. Buffington filed. (Distributed)
May 5, 2022
Rescheduled.
May 16, 2022
DISTRIBUTED for Conference of 5/19/2022.
May 17, 2022
Rescheduled.
May 23, 2022
DISTRIBUTED for Conference of 5/26/2022.
May 24, 2022
Rescheduled.
May 31, 2022
DISTRIBUTED for Conference of 6/2/2022.
May 31, 2022
Rescheduled.
Jun 6, 2022
DISTRIBUTED for Conference of 6/9/2022.
Jun 7, 2022
Rescheduled.
Jun 13, 2022
DISTRIBUTED for Conference of 6/16/2022.
Jun 16, 2022
Rescheduled.
Jun 21, 2022
DISTRIBUTED for Conference of 6/23/2022.
Jun 21, 2022
Rescheduled.
Sep 12, 2022
DISTRIBUTED for Conference of 9/28/2022.
Oct 3, 2022
DISTRIBUTED for Conference of 10/7/2022.
Oct 11, 2022
DISTRIBUTED for Conference of 10/14/2022.
Oct 24, 2022
DISTRIBUTED for Conference of 10/28/2022.
Oct 31, 2022
DISTRIBUTED for Conference of 11/4/2022.
Nov 7, 2022
Petition DENIED. Justice Gorsuch, dissenting from the denial of certiorari. (Detached Opinion)

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