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Veteran Warriors, Inc. v. McDonough

Petition for certiorari denied on February 21, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-360 Fed. Cir. N/A N/A N/A N/A OT 2022

Issue: (1) Whether courts can defer to the construction of a statute by the Department of Veterans Affairs without first considering whether the statute permits a pro-veteran construction pursuant to the pro-veteran canon; and (2) whether Chevron U.S.A. v. Natural Resources Defense Council should be clarified or replaced to protect canons of construction, including the pro-veteran canon, from becoming a nullity.

DateProceedings and Orders (key to color coding)
08/31/2022Application (22A202) to extend the time to file a petition for a writ of certiorari from September 15, 2022 to October 14, 2022, submitted to The Chief Justice.
09/06/2022Application (22A202) granted by The Chief Justice extending the time to file until October 14, 2022.
10/14/2022Petition for a writ of certiorari filed. (Response due November 17, 2022)
10/25/2022Motion to extend the time to file a response from November 17, 2022 to December 19, 2022, submitted to The Clerk.
10/26/2022Motion to extend the time to file a response is granted and the time is extended to and including December 19, 2022.
11/17/2022Brief amicus curiae of The Federal Circuit Bar Association filed.
11/17/2022Brief amici curiae of Military-Veterans Advocacy Inc., et al. filed.
11/29/2022Motion to extend the time to file a response from December 19, 2022 to January 18, 2023, submitted to The Clerk.
12/01/2022Motion to extend the time to file a response is granted and the time is further extended to and including January 18, 2023.
01/18/2023Brief of respondent Denis R. McDonough, Secretary of Veteran Affairs in opposition filed.
01/31/2023Reply of petitioner Veteran Warriors, Inc., et al. filed. (Distributed)
02/01/2023DISTRIBUTED for Conference of 2/17/2023.
02/21/2023Petition DENIED.