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Bufkin v. McDonough

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Docket No. Op. Below Argument Opinion Vote Author Term
23-713 Fed. Cir. Oct 16, 2024
 TBD TBD TBD OT 2024

Issue: Whether the U.S. Court of Appeals for Veterans Claims must ensure that the benefit-of-the-doubt rule in 38 U.S.C. § 5107(b) was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1), which directs the court to “take due account” of the Department of Veterans Affairs’ application of that rule.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 12 2023Application (23A339) to extend the time to file a petition for a writ of certiorari from November 7, 2023 to January 2, 2024, submitted to the The Chief Justice.
Oct 12 2023Application (23A340) to extend the time to file a petition for a writ of certiorari from November 1, 2023 to December 31, 2023, submitted to The Chief Justice.
Oct 16 2023Application (23A339) granted by The Chief Justice extending the time to file until January 2, 2024.
Oct 16 2023Application (23A340) granted by The Chief Justice extending the time to file until December 31, 2023.
Dec 29 2023Petition for a writ of certiorari filed. (Response due February 2, 2024)
Jan 23 2024Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.
Jan 24 2024Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
Feb 01 2024Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Feb 02 2024Brief amicus curiae of Military-Veterans Advocacy filed.
Feb 02 2024Brief amicus curiae of Federal Circuit Bar Association filed.
Feb 02 2024Brief amicus curiae of National Veterans Legal Services Program filed.
Feb 27 2024Motion to extend the time to file a response from March 4, 2024 to March 18, 2024, submitted to The Clerk.
Feb 29 2024Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2024.
Mar 18 2024Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed.
Apr 01 2024Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)
Apr 03 2024DISTRIBUTED for Conference of 4/19/2024.
Apr 22 2024DISTRIBUTED for Conference of 4/26/2024.
Apr 29 2024Petition GRANTED.
May 22 2024Motion for an extension of time to file the briefs on the merits filed.
May 24 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2024. The time to file respondent's brief on the merits is extended to and including August 20, 2024.
Jul 02 2024Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Jul 02 2024Brief of petitioners Joshua E. Bufkin, et al. filed.
Jul 02 2024Joint appendix filed.
Jul 09 2024Brief amicus curiae of Disabled American Veterans filed.
Jul 09 2024Brief amicus curiae of Military-Veterans Advocacy filed.
Jul 09 2024Brief amicus curiae of Federal Circuit Bar Association filed.
Jul 09 2024Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Jul 26 2024SET FOR ARGUMENT on Wednesday, October 16, 2024.
Jul 29 2024Record requested from the United States Court of Appeals for the Federal Circuit.
Aug 08 2024Record received electronically from the United States Court of Appeals for Veterans Claims and available with the Clerk.
Aug 08 2024CIRCULATED
Aug 09 2024Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
Aug 20 2024Brief of respondent Denis McDonough, Secretary of Veterans Affairs filed. (Distributed)
Sep 19 2024Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)
Oct 16 2024Argued. For petitioners: Melanie L. Bostwick, Washington, D. C. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.