Buffington v. McDonough
Petition for a writ of certiorari denied on November 7, 2022. Justice Gorsuch dissented from the denial of certiorari.
Issue: (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
- Denials of review in five cases draw dissents from various justices (Amy Howe, November 7, 2022)
- Intellectual property and Navajo water rights (John Elwood, November 2, 2022)
- What constitutes identity theft? (John Elwood, October 26, 2022)
- Reschedule Watch: Birthright citizenship and torts to members of the armed forces (John Elwood, October 13, 2022)
- The first relists of October Term 2022 (John Elwood, October 4, 2022)
| Date | Proceedings and Orders |
|---|---|
| 10/22/2021 | Application (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. |
| 10/27/2021 | Application (21A113) granted by The Chief Justice extending the time to file until December 6, 2021. |
| 11/22/2021 | Application (21A113) to extend further the time from December 6, 2021 to January 3, 2022, submitted to The Chief Justice. |
| 11/30/2021 | Application (21A113) granted by The Chief Justice extending the time to file until January 3, 2022. |
| 01/03/2022 | Petition for a writ of certiorari filed. (Response due February 7, 2022) |
| 01/12/2022 | Motion to extend the time to file a response from February 7, 2022 to March 9, 2022, submitted to The Clerk. |
| 01/14/2022 | Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2022. |
| 02/04/2022 | Brief amicus curiae of Concerned Veterans for America Foundation filed. |
| 02/07/2022 | Brief amici curiae of Indiana, et al. filed. |
| 02/07/2022 | Brief amici curiae of Military-Veterans Advocacy, et al. filed. |
| 02/07/2022 | Brief amici curiae of Cato Institute and the National Right to Work Legal Defense Foundation, Inc. filed. |
| 02/07/2022 | Brief amici curiae of Senators Tom Cotton, Marsha Blackburn, Kevin Cramer, and Ted Cruz filed. |
| 03/03/2022 | Motion to extend the time to file a response from March 9, 2022 to April 8, 2022, submitted to The Clerk. |
| 03/04/2022 | Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2022. |
| 04/08/2022 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed. |
| 04/26/2022 | DISTRIBUTED for Conference of 5/12/2022. |
| 04/26/2022 | Reply of petitioner Thomas H. Buffington filed. (Distributed) |
| 05/05/2022 | Rescheduled. |
| 05/16/2022 | DISTRIBUTED for Conference of 5/19/2022. |
| 05/17/2022 | Rescheduled. |
| 05/23/2022 | DISTRIBUTED for Conference of 5/26/2022. |
| 05/24/2022 | Rescheduled. |
| 05/31/2022 | DISTRIBUTED for Conference of 6/2/2022. |
| 05/31/2022 | Rescheduled. |
| 06/06/2022 | DISTRIBUTED for Conference of 6/9/2022. |
| 06/07/2022 | Rescheduled. |
| 06/13/2022 | DISTRIBUTED for Conference of 6/16/2022. |
| 06/16/2022 | Rescheduled. |
| 06/21/2022 | DISTRIBUTED for Conference of 6/23/2022. |
| 06/21/2022 | Rescheduled. |
| 09/12/2022 | DISTRIBUTED for Conference of 9/28/2022. |
| 10/03/2022 | DISTRIBUTED for Conference of 10/7/2022. |
| 10/11/2022 | DISTRIBUTED for Conference of 10/14/2022. |
| 10/24/2022 | DISTRIBUTED for Conference of 10/28/2022. |
| 10/31/2022 | DISTRIBUTED for Conference of 11/4/2022. |
| 11/07/2022 | Petition DENIED. Justice Gorsuch, dissenting from the denial of certiorari. (Detached Opinion) |