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Floyd D. Johnson v. United States Congress

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-10682 · judgment August 19, 2025


Set for argument · October 5, 2026
Pre-decision estimate: 1% cert probability

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

Question presented

Did the Veterans' Judicial Review Act strip district courts of the jurisdiction, recognized by this Court in Johnson v. Robison, 415 U.S. 361 (1974), to hear challenges to the constitutionality of acts of Congress affecting veterans' benefits?

Counsel of record

For petitioner
Jeffrey Weihao Chen
Bondurant Mixson & Elmore, LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 9 merits
(9 supporting pet./neither)

Linked docket
25A502

Proceedings

  1. Aug 21 2026
    Record received from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk (one envelope).
  2. Aug 19 2026
    Record received from the United States District Court for the Middle District of Florida. The record is electronic and is available on PACER.
  3. Aug 12 2026
    CIRCULATED
  4. Aug 12 2026
    Reply of petitioner Floyd Johnson filed. (Distributed)
  5. Aug 10 2026
    Record requested from the United States Court of Appeals for the Eleventh Circuit.
  6. Aug 04 2026
    SET FOR ARGUMENT on Monday, October 5, 2026.
  7. Aug 04 2026
    SET FOR ARGUMENT on Monday, October 5, 2026.
  8. Jul 13 2026
    Brief of respondent United States Congress filed.
  9. Jun 08 2026
    Brief amicus curiae of National Treasury Employees Union filed.
  10. Jun 08 2026
    Brief amicus curiae of Washington Legal Foundation filed.
  11. Jun 08 2026
    Brief amicus curiae of Institute for Justice filed.
  12. Jun 08 2026
    Brief amicus curiae of New Civil Liberties Alliance filed.
  13. Jun 08 2026
    Brief amicus curiae of The National Law School Veterans Clinic Consortium filed.
  14. Jun 08 2026
    Brief amicus curiae of Military-Veterans Advocacy, Inc. filed.
  15. Jun 08 2026
    Brief amicus curiae of Pacific Legal Foundation filed.
  16. Jun 08 2026
    Brief amici curiae of National Veterans Legal Services Program, et al. filed.
  17. Jun 08 2026
    Brief amicus curiae of Federal Circuit Bar Association filed.
  18. Jun 01 2026
    Brief of petitioner Floyd Johnson filed.
  19. May 18 2026
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  20. May 07 2026
    Motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including June 1, 2026. The time to file respondent's brief on the merits is extended to and including July 13, 2026.
  21. May 04 2026
    Motion to dispense with printing the joint appendix filed by petitioner Floyd Johnson.
  22. May 04 2026
    Motion for an extension of time to file the briefs on the merits filed.
  23. Apr 06 2026
    Petition GRANTED.
  24. Mar 30 2026
    DISTRIBUTED for Conference of 4/2/2026.
  25. Mar 11 2026
    DISTRIBUTED for Conference of 3/27/2026.
  26. Mar 09 2026
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  27. Mar 06 2026
    Brief of respondent United States Congress filed.
  28. Feb 20 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including March 6, 2026.
  29. Feb 19 2026
    Motion to extend the time to file a response from February 20, 2026 to March 6, 2026, submitted to The Clerk.
  30. Jan 21 2026
    Brief amici curiae of National Veterans Legal Services Program, et al. filed.
  31. Jan 16 2026
    Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2026.
  32. Jan 15 2026
    Motion to extend the time to file a response from January 21, 2026 to February 20, 2026, submitted to The Clerk.
  33. Dec 17 2025
    Petition for a writ of certiorari filed. (Response due January 21, 2026)
  34. Nov 03 2025
    Application (25A502) granted by Justice Thomas extending the time to file until December 17, 2025.
  35. Oct 30 2025
    Application (25A502) to extend the time to file a petition for a writ of certiorari from November 17, 2025 to December 17, 2025, submitted to Justice Thomas.