Decided

No. 18-15

James L. Kisor v. Robert Wilkie, Secretary of Veterans Affairs

from the United States Court of Appeals for the Federal Circuit

See other cases from the Federal Circuit.

Docket Entries

JUGMENT ISSUED.

Judgment VACATED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, III–B, and IV, in which Roberts, C. J., and Ginsburg, Breyer, and Sotomayor, JJ., joined, and an opinion with respect to Parts II–A and III–A, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Roberts, C. J., filed an opinion concurring in part. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, in which Kavanaugh, J., joined as to Parts I, II, III, IV, and V, and in which Alito, J., joined as to Parts I, II, and III. Kavanaugh, J., filed an opinion concurring in the judgment, in which Alito, J., joined.

Argued. For petitioner: Paul W. Hughes, Washington, D. C. For respondent: Noel G. Francisco, Solicitor General, Department of Justice, Washington, D. C.

Reply of petitioner James L. Kisor filed. (Distributed)

Brief amicus curiae of Senator Sheldon Whitehouse filed. ((Distributed).

Brief amici curiae of Administrative Law Scholars filed. (Distributed)

The record received from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.

The record received from U.S. Court of Appeals for Veterans Claims are electronic and located on USCAVC web site. Also received are the pleadings from USCAVC which is confidential, (1 Envelope).

Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed)

Record requested from the U.S.C.A. Federal Circuit.

CIRCULATED

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief amicus curiae of Public Citizen, Inc. in support of neither party filed.

Brief amici curiae of Southeastern Legal Foundation, et al. filed.

Brief amici curiae of National Immigrant Justice Center and American Immigration Lawyers Association filed.

Brief amicus curiae of Center for Workplace Compliance filed.

Brief amici curiae of National Veterans Legal Services Program, et al. filed.

Brief amicus curiae of Professor Thomas Merrill filed.

Brief amicus curiae of Utility Air Regulatory Group filed.

Brief amici curiae of National Organization of Veterans’ Advocates, Inc., et al. filed.

Brief amici curiae of Professors - Dean Ronald A. Cass, Christopher DeMuth, Sr., and James L. Huffman filed.

Brief amici curiae of National Association of Home Builders, et al. filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief amicus curiae of The Chamber of Commerce of the United States of America filed.

Brief amici curiae of State and Local Government Associations filed.

Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed (2/14/19). (Distributed)

Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed. (Corrected version submitted)

Brief amicus curiae of Atlantic Legal Foundation filed.

Brief amicus curiae of New Civil Liberties Alliance filed.

Brief amicus curiae of Jeremy C. Doerre filed.

Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.

Brief amici curiae of States of Utah, et al. filed.

Brief amici curiae of Stephen C. Connaker and the Military and Veterans' Law Institute filed.

Brief amicus curiae of Sergeant Major Jeff S. Howard (Retired) filed.

Brief amici curiae of The Cato Institute, et al. filed.

Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations in support of neither party filed.

Brief amici curiae of Pacific Legal Foundation, et al. filed.

SET FOR ARGUMENT on Wednesday, March 27, 2019

Joint appendix filed. (Statement of costs filed)

Brief of petitioner James L. Kisor filed.

Blanket Consent filed by Respondent, Robert Wilkie, Secretary of Veterans Affairs

Petition GRANTED limited to Question 1 presented by the petition.

Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed.

Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2018.

Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.

Motion to extend the time to file a response is granted and the time is further extended to and including October 1, 2018.

Brief amici curiae of The State's of Utah, et al. filed.

Brief amici curiae of National Association of Home Builders, et al. filed.

Brief amicus curiae of The Chamber of Commerce of the United States of America filed.

Brief amici curiae of Southeastern Legal Foundation and The Beacon Center of Tennessee filed.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2018.

Motion to extend the time to file a response from August 1, 2018 to August 31, 2018, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due August 1, 2018)

Application (17A1154) granted by The Chief Justice extending the time to file until June 29, 2018.

Application (17A1154) to extend the time to file a petition for a writ of certiorari from May 1, 2018 to June 29, 2018, submitted to The Chief Justice.

Parties

James L. Kisor, Petitioner, represented by Paul Whitfield Hughes

Robert Wilkie, Secretary of Veterans Affairs, Respondent, represented by Noel J. Francisco

Amici Curiae

ADMINISTRATIVE LAW SCHOLARS, Amicus Curiae, represented by Donald B. Verrilli Jr.

American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Matthew James Ginsburg

Atlantic Legal Foundation, Amicus Curiae, represented by Martin Sander Kaufman

Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso

Center for Workplace Compliance, Amicus Curiae, represented by Michael Patrick Bracken

Jeff S. Howard, Amicus Curiae, represented by Shawn Terry Welch

Jeremy C. Doerre, Amicus Curiae, represented by Jeremy Cooper Doerre

National Association of Home Builders, et al., Amicus Curiae, represented by Evan Andrew Young

National Immigrant Justice Center and American Immigration Lawyers Association, Amicus Curiae, represented by Jean-Claude Andre

National Organization of Veterans’ Advocates, Inc., et al., Amicus Curiae, represented by Roman Martinez V

National Right to Work Legal Defense Foundation, Inc., Amicus Curiae, represented by Raymond J. LaJeunesse Jr.

National Veterans Legal Services Program et al., Amicus Curiae, represented by Amy Mason Saharia

New Civil Liberties Alliance, Amicus Curiae, represented by Jonathan F. Mitchell

Pacific Legal Foundation, Amicus Curiae, represented by Anthony Lee Francois

Professors - Dean Ronald A. Cass, Christopher DeMuth, Sr., and James L. Huffman, Amicus Curiae, represented by Ronald Andrew Cass

PROFESSORS OF ADMINISTRATIVE LAW AND FEDERAL REGULATION, Amicus Curiae, represented by Vincent Gregory Levy

Professor Thomas Merrill, Amicus Curiae, represented by William McGinley Jay

Public Citizen, Inc., Amicus Curiae, represented by Scott Lawrence Nelson

Senator Sheldon Whitehouse, Amicus Curiae, represented by Sheldon Whitehouse

Southeastern Legal Foundation, et al., Amicus Curiae, represented by Kimberly Stewart Hermann

State and Local Government Associations, Amicus Curiae, represented by Allyson Ho

State's of Utah, et al., Amicus Curiae, represented by Tyler Green

Stephen C. Connaker, et al., Amicus Curiae, represented by William James Brown Jr.

The Cato Institute, et al., Amicus Curiae, represented by Ilya Shapiro

The Chamber of Commerce of the United States of America, Amicus Curiae, represented by Mark W. Mosier

Utility Air Regulatory Group, Amicus Curiae, represented by Elbert Lin

Washington Legal Foundation, Amicus Curiae, represented by Corbin Knight Barthold

 
Last updated: December 7, 2019