Supreme Court Report

Supreme Court of the United States · Official docket →

Ray James Foster v. Deborah Lynn Foster

Paid petition · Supreme Court of Michigan, No. 161892 · judgment April 5, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. May state law doctrines of judicial convenience, like res judicata and collateral estoppel, be raised against a preemptive federal statute, 38 U.S.C. § 5301, which voids from inception any and all agreements made by a disabled veteran to dispossess himself of his federally protected veterans’ disability benefits?

  2. Even if a state court may raise such state law doctrines, does a disabled veteran have a continuing obligation to use his restricted disability pay to satisfy such an agreement, where 38 U.S.C. § 5301 explicitly prohibits a state court from using any “legal or equitable” means whatever from forcing such a dispossession of the veteran’s benefits, and applies to all such benefits “due or to become due” and “before or after receipt”, and that same state court already ruled that 38 U.S.C. § 5301 applied to the very agreement at issue in this case?

Counsel of record

For petitioner
Carson J. Tucker
Lex Fori, PLLC

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
22A166

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jun 21 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Oct 24 2022
    Petition for a writ of certiorari filed. (Response due June 8, 2023)
  4. Aug 24 2022
    Application (22A166) granted by Justice Kavanaugh extending the time to file until October 24, 2022.
  5. Aug 15 2022
    Application (22A166) to extend the time to file a petition for a writ of certiorari from August 25, 2022 to October 24, 2022, submitted to Justice Kavanaugh.