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Rudisill v. McDonough

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Docket No. Op. Below Argument Opinion Vote Author Term
22-888 Fed. Cir. Nov 8, 2023
 Apr 16, 2024 7-2 Jackson OT 2023

Holding: Servicemembers who, through separate periods of service, accrue educational benefits under both the Montgomery and Post-9/11 GI Bills may use either one, in any order, up to 38 U.S.C. § 3695(a)’s 48-month aggregate-benefits cap.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Jackson on April 16, 2024. Justice Kavanaugh filed a concurring opinion, in which Justice Barrett joined. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

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DateProceedings and Orders (key to color coding)
Mar 13 2023Petition for a writ of certiorari filed. (Response due April 14, 2023)
Mar 27 2023Motion to extend the time to file a response from April 14, 2023 to May 15, 2023, submitted to The Clerk.
Mar 28 2023Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023.
Apr 14 2023Brief amici curiae of Virginia, et al. filed.
Apr 14 2023Brief amici curiae of 7 Veterans filed.
Apr 14 2023Brief amicus curiae of The Edison Electric Institute filed.
Apr 14 2023Brief amici curiae of National Veterans Legal Services Program, et al. filed.
May 15 2023Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed.
May 25 2023Reply of petitioner James R. Rudisill filed.
May 30 2023DISTRIBUTED for Conference of 6/15/2023.
Jun 20 2023DISTRIBUTED for Conference of 6/22/2023.
Jun 26 2023Petition GRANTED.
Aug 10 2023Brief of petitioner James R. Rudisill filed.
Aug 10 2023Joint appendix and 1 supplemental volume filed. (Statement of cost received.)
Aug 14 2023Brief amicus curiae of Jeremy C. Doerre filed.
Aug 16 2023Brief amicus curiae of The American Legion filed.
Aug 17 2023Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Aug 17 2023Brief amicus curiae of Veterans of Foreign Wars of the United States filed.
Aug 17 2023Brief amicus curiae of National Institute of Military Justice filed.
Aug 17 2023Brief amicus curiae of Military-Veterans Advocacy Inc. filed.
Aug 17 2023Brief amici curiae of 10 Veterans filed.
Aug 17 2023Brief amicus curiae of Iraq and Afghanistan Veterans of America filed.
Aug 17 2023Brief amici curiae of Senator Tim Kaine, et al. filed.
Aug 17 2023Brief amici curiae of Virginia, et al. filed.
Aug 17 2023Amicus brief of The Edison Electric Institute (EEI) not accepted for filing (Corrected version submitted Aug. 24,2023).
Aug 17 2023Brief amici curiae of The Edison Electric Institute, et al. filed (Aug. 29, 2023).
Sep 06 2023SET FOR ARGUMENT on Wednesday, November 8, 2023.
Sep 07 2023Record requested from the United States Court of Appeals for the Federal Circuit.
Sep 11 2023Brief of respondent Denis McDonough, Secretary of Veterans Affairs filed.
Sep 14 2023Record from the United States Court of Appeals for Veterans Claims received electronically and available with the Clerk.
Sep 15 2023Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER.
Sep 18 2023CIRCULATED
Oct 11 2023Reply of petitioner James R. Rudisill filed. (Distributed)
Nov 08 2023Argued. For petitioner: Misha Tseytlin, Chicago, Ill. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 16 2024Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Barrett, J., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
May 20 2024Judgment Issued.