Arellano v. McDonough
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-432 | Fed. Cir. | Oct 4, 2022 | Jan 23, 2023 | 9-0 | Barrett | OT 2022 |
Holding: The effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. "" 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.
Judgment: Affirmed, 9-0, in an opinion by Justice Barrett on January 23, 2023.
SCOTUSblog Coverage
- Announcement of orders and opinions for Monday, Jan. 23 (complete) (SCOTUSblog, January 23, 2023)
- In veterans benefits case, court says Congress chose a firm rule over a flexible standard (Yelena Duterte, January 23, 2023)
- Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans. (Yelena Duterte, October 6, 2022)
- Justices will consider equitable tolling for a veteran suffering from PTSD (Yelena Duterte, October 3, 2022)
- Cases on Clean Water Act and Voting Rights Act will headline October oral arguments (Amy Howe, June 14, 2022)
- Next terms docket will include cases on veterans benefits, unclaimed MoneyGram checks (Amy Howe, February 23, 2022)
- Blocked beachgoers and bankruptcy bills (Andrew Hamm, October 15, 2021)
| Date | Proceedings and Orders |
|---|---|
| 09/17/2021 | Petition for a writ of certiorari filed. (Response due October 21, 2021) |
| 10/01/2021 | Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk. |
| 10/04/2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021. |
| 10/21/2021 | Brief amicus curiae of Military-Veterans Advocacy Inc. filed. |
| 11/09/2021 | Motion to extend the time to file a response from November 22, 2021 to December 22, 2021, submitted to The Clerk. |
| 11/10/2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 22, 2021. |
| 12/22/2021 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed. |
| 12/30/2021 | Reply of petitioner Adolfo R. Arellano filed. (Distributed) |
| 01/05/2022 | DISTRIBUTED for Conference of 1/21/2022. |
| 02/11/2022 | DISTRIBUTED for Conference of 2/18/2022. |
| 02/22/2022 | Petition GRANTED. |
| 03/10/2022 | Motion of the parties for an extension of time to file the briefs on the merits filed. |
| 03/22/2022 | Motion of the parties 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 May 13, 2022. The time to file respondent's brief on the merits is extended to and including July 18, 2022. |
| 04/19/2022 | Motion to dispense with printing the joint appendix filed by petitioner Adolfo R. Arellano. |
| 05/02/2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 05/13/2022 | Brief of petitioner Adolfo R. Arellano filed. |
| 05/19/2022 | Brief amici curiae of Disabled American Veterans and Lee Kirby filed. |
| 05/20/2022 | Brief amici curiae of Military-Veterans Advocacy Inc. and Jewish War Veterans of the United States of America, Inc. filed. |
| 05/20/2022 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 05/20/2022 | Brief amicus curiae of Federal Circuit Bar Association filed. |
| 05/20/2022 | Brief amicus curiae of National Law School Veterans Clinic Consortium filed. |
| 05/20/2022 | Brief amici curiae of Edgewood Veterans, et al. filed. |
| 06/14/2022 | ARGUMENT SET FOR Tuesday, October, 4, 2022. |
| 06/22/2022 | Record requested from the Federal Circuit. |
| 07/06/2022 | The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer. |
| 07/18/2022 | Brief of respondent McDonough, Denis, Secretary of Veterans Affairs filed. |
| 07/19/2022 | The record from the U.S. Court of Appeals for Veterans Claims, has been electronically filed. |
| 07/21/2022 | CIRCULATED |
| 08/17/2022 | Reply of petitioner Adolfo R. Arellano filed. (Distributed) |
| 10/04/2022 | Argued. For petitioner: James R. Barney, Washington, D. C. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 01/23/2023 | Adjudged to be AFFIRMED. Barrett, J., delivered the opinion for a unanimous Court. |
| 02/27/2023 | Judgment issued. |