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Buffington v. McDonough

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Petition for a writ of certiorari denied on November 7, 2022. Justice Gorsuch dissented from the denial of certiorari.
Docket No. Op. Below Argument Opinion Vote Author Term
21-972 Fed. Cir. N/A N/A N/A N/A OT 2022

Issues: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 22 2021Application (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 2021Application (21A113) granted by The Chief Justice extending the time to file until December 6, 2021.
Nov 22 2021Application (21A113) to extend further the time from December 6, 2021 to January 3, 2022, submitted to The Chief Justice.
Nov 30 2021Application (21A113) granted by The Chief Justice extending the time to file until January 3, 2022.
Jan 03 2022Petition for a writ of certiorari filed. (Response due February 7, 2022)
Jan 12 2022Motion to extend the time to file a response from February 7, 2022 to March 9, 2022, submitted to The Clerk.
Jan 14 2022Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2022.
Feb 04 2022Brief amicus curiae of Concerned Veterans for America Foundation filed.
Feb 07 2022Brief amici curiae of Indiana, et al. filed.
Feb 07 2022Brief amici curiae of Military-Veterans Advocacy, et al. filed.
Feb 07 2022Brief amici curiae of Cato Institute and the National Right to Work Legal Defense Foundation, Inc. filed.
Feb 07 2022Brief amici curiae of Senators Tom Cotton, Marsha Blackburn, Kevin Cramer, and Ted Cruz filed.
Mar 03 2022Motion to extend the time to file a response from March 9, 2022 to April 8, 2022, submitted to The Clerk.
Mar 04 2022Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2022.
Apr 08 2022Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
Apr 26 2022DISTRIBUTED for Conference of 5/12/2022.
Apr 26 2022Reply of petitioner Thomas H. Buffington filed. (Distributed)
May 05 2022Rescheduled.
May 16 2022DISTRIBUTED for Conference of 5/19/2022.
May 17 2022Rescheduled.
May 23 2022DISTRIBUTED for Conference of 5/26/2022.
May 24 2022Rescheduled.
May 31 2022DISTRIBUTED for Conference of 6/2/2022.
May 31 2022Rescheduled.
Jun 06 2022DISTRIBUTED for Conference of 6/9/2022.
Jun 07 2022Rescheduled.
Jun 13 2022DISTRIBUTED for Conference of 6/16/2022.
Jun 16 2022Rescheduled.
Jun 21 2022DISTRIBUTED for Conference of 6/23/2022.
Jun 21 2022Rescheduled.
Sep 12 2022DISTRIBUTED for Conference of 9/28/2022.
Oct 03 2022DISTRIBUTED for Conference of 10/7/2022.
Oct 11 2022DISTRIBUTED for Conference of 10/14/2022.
Oct 24 2022DISTRIBUTED for Conference of 10/28/2022.
Oct 31 2022DISTRIBUTED for Conference of 11/4/2022.
Nov 07 2022Petition DENIED. Justice Gorsuch, dissenting from the denial of certiorari. (Detached Opinion)