Supreme Court of the United States · Official docket →
Charles Ellis Talley v. Department of Veterans Affairs
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 25-4166 · judgment April 27, 2026
Questions presented
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Whether 38 U.S.C. § 511(a) strips federal district courts of jurisdiction under 28 U.S.C. § 1331 to hear a veteran's standalone constitutional tort action, thereby creating an unconstitutional remedial gap where retrospective monetary damages for civil rights violations can neither be sought in an Article III court nor awarded by the specialized veterans' administrative tribunal.
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Whether an executive agency's intentional evasion of a nondiscretionary congressional mandate under Section 2 of Public Law 95- 126 constitutes a reviewable ultra vires action that falls outside the preclusive scope of 38 U.S.C. § 511(a).
Counsel of record
For petitioner
Charles Ellis Talley
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Sep 10 2026DISTRIBUTED for Conference of 9/28/2026.
- Sep 09 2026Waiver of right of respondent Department of Veterans Affairs to respond filed.
- Jul 23 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2026)