Rudisill v. McDonough
| 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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| Date | Proceedings and Orders |
|---|---|
| 03/13/2023 | Petition for a writ of certiorari filed. (Response due April 14, 2023) |
| 03/27/2023 | Motion to extend the time to file a response from April 14, 2023 to May 15, 2023, submitted to The Clerk. |
| 03/28/2023 | Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023. |
| 04/14/2023 | Brief amici curiae of Virginia, et al. filed. |
| 04/14/2023 | Brief amici curiae of 7 Veterans filed. |
| 04/14/2023 | Brief amicus curiae of The Edison Electric Institute filed. |
| 04/14/2023 | Brief amici curiae of National Veterans Legal Services Program, et al. filed. |
| 05/15/2023 | Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed. |
| 05/25/2023 | Reply of petitioner James R. Rudisill filed. |
| 05/30/2023 | DISTRIBUTED for Conference of 6/15/2023. |
| 06/20/2023 | DISTRIBUTED for Conference of 6/22/2023. |
| 06/26/2023 | Petition GRANTED. |
| 08/10/2023 | Brief of petitioner James R. Rudisill filed. |
| 08/10/2023 | Joint appendix and 1 supplemental volume filed. (Statement of cost received.) |
| 08/14/2023 | Brief amicus curiae of Jeremy C. Doerre filed. |
| 08/16/2023 | Brief amicus curiae of The American Legion filed. |
| 08/17/2023 | Brief amici curiae of National Veterans Legal Services Program, et al. filed. |
| 08/17/2023 | Brief amicus curiae of Veterans of Foreign Wars of the United States filed. |
| 08/17/2023 | Brief amicus curiae of National Institute of Military Justice filed. |
| 08/17/2023 | Brief amicus curiae of Military-Veterans Advocacy Inc. filed. |
| 08/17/2023 | Brief amici curiae of 10 Veterans filed. |
| 08/17/2023 | Brief amicus curiae of Iraq and Afghanistan Veterans of America filed. |
| 08/17/2023 | Brief amici curiae of Senator Tim Kaine, et al. filed. |
| 08/17/2023 | Brief amici curiae of Virginia, et al. filed. |
| 08/17/2023 | Amicus brief of The Edison Electric Institute (EEI) not accepted for filing (Corrected version submitted Aug. 24,2023). |
| 08/17/2023 | Brief amici curiae of The Edison Electric Institute, et al. filed (Aug. 29, 2023). |
| 09/06/2023 | SET FOR ARGUMENT on Wednesday, November 8, 2023. |
| 09/07/2023 | Record requested from the United States Court of Appeals for the Federal Circuit. |
| 09/11/2023 | Brief of respondent Denis McDonough, Secretary of Veterans Affairs filed. |
| 09/14/2023 | Record from the United States Court of Appeals for Veterans Claims received electronically and available with the Clerk. |
| 09/15/2023 | Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER. |
| 09/18/2023 | CIRCULATED |
| 10/11/2023 | Reply of petitioner James R. Rudisill filed. (Distributed) |
| 11/08/2023 | Argued. For petitioner: Misha Tseytlin, Chicago, Ill. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 04/16/2024 | Judgment 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. |
| 05/20/2024 | Judgment Issued. |