George v. McDonough
Holding
The invalidation of a Department of Veterans Affairs regulation after a veteran's benefits decision becomes final cannot support a claim for collateral relief permitting revision of that decision based on "clear and unmistakable error" under 38 U.S.C. §§ 5109A and 7111<a/>.
Judgment
Affirmed, 6-3, in an opinion by Amy Coney Barrett on Jun 15, 2022. Justice Sotomayor filed a dissenting opinion. Justice Gorsuch filed a dissenting opinion, in which Justice Breyer joined, and in which Justice Sotomayor joined as to all but Part II-C.
Aug 13, 2021Petition for a writ of certiorari filed. (Response due September 16, 2021)Aug 24, 2021Motion to extend the time to file a response from September 16, 2021 to October 18, 2021, submitted to The Clerk.
Aug 25, 2021Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
Sep 15, 2021Brief amicus curiae of Jeremy C. Doerre filed.Sep 16, 2021Brief amicus curiae of Military-Veterans Advocacy filed.Oct 5, 2021Motion to extend the time to file a response from October 18, 2021 to November 17, 2021, submitted to The Clerk.Oct 6, 2021Motion to extend the time to file a response is granted and the time is further extended to and including November 17, 2021.
Nov 8, 2021Motion to extend the time to file a response from November 17, 2021 to December 8, 2021, submitted to The Clerk.Nov 9, 2021Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021.
Dec 8, 2021Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.Dec 20, 2021Reply of petitioner Kevin R. George filed. (Distributed)Dec 22, 2021DISTRIBUTED for Conference of 1/7/2022.
Jan 10, 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 14, 2022Petition GRANTED.
Jan 25, 2022Motion to dispense with printing the joint appendix filed by petitioner Kevin R. George.Feb 22, 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 28, 2022Brief of petitioner Kevin R. George filed.Mar 3, 2022Amicus brief of Disabled American Veterans not accepted for filing. (March 03, 2022--Corrected version to be submitted)
Mar 3, 2022Brief amicus curiae of Disabled American Veterans (3/3/2022) filed.Mar 4, 2022Brief amicus curiae of National Law School Veterans Clinic Consortium filed.Mar 7, 2022Brief amicus curiae of Military-Veterans Advocacy and Legal Aid Foundation of Los Angeles filed.Mar 7, 2022Brief amici curiae of Senators Ted Cruz and Mike Lee filed.Mar 7, 2022Brief amici curiae of National Veterans Legal Services Program, et al. filed.Mar 7, 2022Brief amici curiae of Swords to Plowshares and Vietnam Veterans of America filed.Mar 15, 2022ARGUMENT SET FOR Tuesday, April 19, 2022.
Mar 16, 2022Record requested from the U.S.C.A. Federal Circuit.
Mar 18, 2022The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Mar 23, 2022CIRCULATED
Mar 28, 2022The record received from the U.S. Court of Appeals for Veterans Claims has been electronically filed.
Mar 30, 2022Brief of Denis R. McDonough, Secretary of Veterans Affairs not accepted for filing. (April 01, 2022--Corrected brief and PDF to be submitted.)
Mar 30, 2022Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs filed. (Distributed)Apr 8, 2022Reply of petitioner Kevin R. George filed. (Distributed)Apr 19, 2022Argued. For petitioner: Melanie L. Bostwick, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 15, 2022Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion. Gorsuch, J., filed a dissenting opinion, in which Breyer, J., joined, and in which Sotomayor, J., joined as to all but Part II–C.
Jul 18, 2022JUDGMENT ISSUED
Recommended Citation: George v. McDonough, SCOTUSblog, https://www.scotusblog.com/cases/george-v-mcdonough/