Supreme Court of the United States · Official docket →
Kevin R. George v. Denis R. McDonough, Secretary of Veterans Affairs
Paid petition · United States Court of Appeals for the Federal Circuit, No. 19-1916 · judgment March 16, 2021
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.
Question presented
In the veterans-benefits system, Congress has provided that an otherwise-final agency decision is subject to revision if that decision is based on “clear and unmistakable error.” Here, the Federal Circuit held that the agency’s application of a regulation that conflicts with the plain meaning of a statute cannot amount to “clear and unmistakable error.” The Federal Circuit reasoned that a federal court’s later invalidation of such a regulation is merely a change in interpretation of the law. But this Court has made clear that when a court interprets the plain meaning of a statute, it is not announcing a change but rather declaring what the statute has always meant. An agency regulation that departs from that plain meaning is—and always was—legally invalid. And if the agency relied on that unlawful regulation in an adjudication, that adjudication is infected with a legal error that is clear and unmistakable on the face of the ruling. The question presented is: When the Department of Veterans Affairs (VA) denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision?
Counsel of record
For petitioner
Melanie Lynn Bostwick
Orrick, Herrington & Sutcliffe LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 6 merits
(6 supporting pet./neither)
Argument & decision
Argued April 19, 2022 — Melanie L. Bostwick · Anthony A. Yang. Audio and transcript
Decided June 15, 2022. Opinion by Barrett.
Proceedings
- Jul 18 2022JUDGMENT ISSUED
- Jun 15 2022Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion. Gorsuch, J., filed a dissenting opinion, in which Breyer, J., joined, and in which Sotomayor, J., joined as to all but Part II–C.
- Apr 19 2022Argued. For petitioner: Melanie L. Bostwick, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Apr 08 2022Reply of petitioner Kevin R. George filed. (Distributed)
- Mar 30 2022Brief of Denis R. McDonough, Secretary of Veterans Affairs not accepted for filing. (April 01, 2022--Corrected brief and PDF to be submitted.)
- Mar 30 2022Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs filed. (Distributed)
- Mar 28 2022The record received from the U.S. Court of Appeals for Veterans Claims has been electronically filed.
- Mar 23 2022CIRCULATED
- Mar 18 2022The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
- Mar 16 2022Record requested from the U.S.C.A. Federal Circuit.
- Mar 15 2022ARGUMENT SET FOR Tuesday, April 19, 2022.
- Mar 07 2022Brief amicus curiae of Military-Veterans Advocacy and Legal Aid Foundation of Los Angeles filed.
- Mar 07 2022Brief amici curiae of Senators Ted Cruz and Mike Lee filed.
- Mar 07 2022Brief amici curiae of National Veterans Legal Services Program, et al. filed.
- Mar 07 2022Brief amici curiae of Swords to Plowshares and Vietnam Veterans of America filed.
- Mar 04 2022Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
- Mar 03 2022Amicus brief of Disabled American Veterans not accepted for filing. (March 03, 2022--Corrected version to be submitted)
- Mar 03 2022Brief amicus curiae of Disabled American Veterans (3/3/2022) filed.
- Feb 28 2022Brief of petitioner Kevin R. George filed.
- Feb 22 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Jan 25 2022Motion to dispense with printing the joint appendix filed by petitioner Kevin R. George.
- Jan 14 2022Petition GRANTED.
- Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
- Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 20 2021Reply of petitioner Kevin R. George filed. (Distributed)
- Dec 08 2021Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
- Nov 09 2021Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021.
- Nov 08 2021Motion to extend the time to file a response from November 17, 2021 to December 8, 2021, submitted to The Clerk.
- Oct 06 2021Motion to extend the time to file a response is granted and the time is further extended to and including November 17, 2021.
- Oct 05 2021Motion to extend the time to file a response from October 18, 2021 to November 17, 2021, submitted to The Clerk.
- Sep 16 2021Brief amicus curiae of Military-Veterans Advocacy filed.
- Sep 15 2021Brief amicus curiae of Jeremy C. Doerre filed.
- Aug 25 2021Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
- Aug 24 2021Motion to extend the time to file a response from September 16, 2021 to October 18, 2021, submitted to The Clerk.
- Aug 13 2021Petition for a writ of certiorari filed. (Response due September 16, 2021)