Skip to content

Gray v. Wilkie

Judgment vacated and case remanded with instructions to dismiss the case as moot.

Docket No. Argument Opinion Vote Author Term
17-1679 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)
06/19/2018Petition for a writ of certiorari filed. (Response due July 20, 2018)
07/11/2018Motion to extend the time to file a response from July 20, 2018 to August 20, 2018, submitted to The Clerk.
07/12/2018Motion to extend the time to file a response is granted and the time is extended to and including August 20, 2018.
07/20/2018Brief amicus curiae of National Veterans Legal Services Program (NVLSP) filed.
07/20/2018Brief amici curiae of National Organization of Veterans' Advocates, Inc.(NOVA), et al. filed.
07/27/2018Motion to extend the time to file a response from August 20, 2018 to September 7, 2018, submitted to The Clerk.
07/30/2018Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.
09/07/2018Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed. VIDED.
09/25/2018Reply of petitioner Robert Gray filed.
09/26/2018DISTRIBUTED for Conference of 10/12/2018.
10/10/2018Supplemental brief of petitioner Robert Gray filed. (Distributed)
10/22/2018DISTRIBUTED for Conference of 10/26/2018.
10/29/2018DISTRIBUTED for Conference of 11/2/2018.
11/02/2018Petition GRANTED.
12/07/2018Brief amicus curiae of Jeremy C. Doerre filed.
12/17/2018Joint appendix filed. (Statement of costs filed)
12/17/2018Brief of petitioner Robert Gray filed.
12/17/2018Blanket Consent filed by Petitioner, Robert Gray.
12/20/2018Amicus brief of Natioinal Law School Veterans Clinic Consortium not accepted for filing. (December 20, 2018 -- Corrected version submitted)
12/20/2018Amicus brief of Natioinal Law School Veterans Clinic Consortium not accepted for filing. (December 20, 2018 -- Corrected version submitted)
12/20/2018Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
12/21/2018SET FOR ARGUMENT on Monday, February 25, 2019.
12/21/2018Brief amici curiae of National Veterans Legal Services Program (NVLSP), et al. filed.
12/21/2018Brief amicus curiae of Blue Water Navy Vietnam Veterans Association filed.
12/21/2018Brief amici curiae of National Organization of Veterans' Advocates, Inc.(NOVA), et al. filed.
01/11/2019Record requested from the U.S.C.A. Federal Circuit.
01/15/2019CIRCULATED
01/16/2019Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed)
01/28/2019Record from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.
02/01/2019Memorandum of the respondent suggesting that the case may become moot filed. (Distributed)
02/04/2019Petitioner's response to memorandum suggesting that the case may become moot filed. (Distributed)
02/05/2019Letter from petitioner updating Clerk on action in related case filed. (Distributed)
02/06/2019The case is REMOVED FROM THE ARGUMENT CALENDAR for Monday, February 25, 2019.
02/07/2019The briefing schedule is suspended pending further order of the Court.
06/04/2019Motion to dismiss as moot filed by respondent Robert Wilkie, Secretary of Veterans Affairs.
06/13/2019Response to motion to dismiss as moot from petitioner Robert Gray filed.
06/17/2019DISTRIBUTED for Conference of 6/20/2019.
06/24/2019The 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).
07/26/2019JUDGMENT SSUED.