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 Justice Samuel Alito on March 1, 2011. (Kagan, J., recused).

Briefs and Documents

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)