Henderson v. Shinseki
Holding
The deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences, and Congress did not require the 120-day deadline to be treated as jurisdictional. (Kagan, J., recused).
Plain English Holding
The deadline for filing a notice of appeal with the Veterans Court is not jurisdictional.
Judgment
Reversed, 8-0, in an opinion by Samuel Alito on Mar 1, 2011. (Kagan, J., recused).
Merits Briefs
- Brief for Petitioner David Henderson
- Brief for Respondent Eric K. Shinseki, Secretary of Veterans
- Reply Brief for Petitioner Doretha H. Henderson, Authorized Representative of David L. Henderson, Deceased
Amicus Briefs
- Brief for Paralyzed Veterans of America and AARP in Support of Petitioner
- Brief for the Federal Circuit Bar Association in Support of Petitioner
- Brief for the United Spinal Association in Support of Petitioner
- Brief for the American Legion in Support of Petitioner
- Brief for Allan G. Halseth in Support of Petitioner
- Brief for the National Veterans Legal Services Program in Support of Petitioner
- Brief for the National Organization of Veterans’ Advocates, Inc.; the Federal Bar Association, Veterans Law Section; and Veterans for Common Sense in Support of Petitioner
Certiorari-Stage Documents
- Opinion below (Federal Circuit)
- Petition for certiorari (unavailable)
- Brief in opposition (unavailable)
- Petitioner’s reply (unavailable)
- Amicus brief of the National Organization Of Veterans Advocates, Inc. et al. (unavailable)
- Amicus brief of Paralyzed Veterans of America (unavailable)
- Amicus brief of the United Spinal Association (unavailable)
Recommended Citation: Henderson v. Shinseki, SCOTUSblog, https://www.scotusblog.com/cases/henderson-v-shinseki/