Issue: Whether the Ninth Circuit erred in holding that 38 U.S.C. § 511, which provides that the Secretary of Veterans Affairs “shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits,” and that “the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any other court,” precludes the district court’s jurisdiction over systemic challenges to the United States Department of Veterans Affairs’ failures to provide timely medical benefits and to timely resolve claims for service-connected death and disability benefits.
Proceedings and Orders
Jul 19 2012
Application (12A78) to extend the time to file a petition for a writ of certiorari from August 5, 2012 to September 5, 2012, submitted to Justice Kennedy.
Jul 24 2012
Application (12A78) granted by Justice Kennedy extending the time to file until September 5, 2012.
On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.