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George v. McDonough
 | |
| George v. McDonough | |
| Term: 2021 | |
| Important Dates | |
| Argued: April 19, 2022 Decided: June 15, 2022 | |
| Outcome | |
| Federal Circuit affirmed | |
| Vote | |
| 6-3 | |
| Majority | |
| Chief Justice John Roberts • Clarence Thomas • Brett Kavanaugh • Amy Coney Barrett • Samuel Alito • Elena Kagan | |
| Dissenting | |
| Stephen Breyer • Sonia Sotomayor • Neil Gorsuch | |
George v. McDonough was a U.S. Supreme Court case decided on June 15, 2022, in which the court held 6-3 that a "clear and unmistakable error" (CUE) does not include subsequent changes to laws or regulations. The court found that the U.S. Department of Veterans Affairs (VA) did not commit a CUE when it relied on later-overturned regulations to deny a disability claim. The court held that the VA's regulatory changes can only retroactively affect open—rather than final—agency decisions. [1][2]
The case was argued before the Supreme Court of the United States on April 19, 2022, during the court's October 2021-2022 term.
The case came on a writ of certiorari to the United States Court of Appeals for the Federal Circuit. To review the lower court's opinion, click here.
Why it matters: The court's decision shed light on how regulatory changes may or may not affect final agency actions. In this case, the court clarified that a regulatory change by the VA does not constitute a "clear and unmistakable error" (CUE) under which a veteran can seek collateral relief for the denial of a disability claim.
Timeline
The following timeline details key events in this case:
- June 15, 2022: The U.S. Supreme Court affirmed the decision of the Federal Circuit.
- April 19, 2022: The U.S. Supreme Court heard oral argument.
- January 14, 2022: The U.S. Supreme Court agreed to hear the case.
- August 13, 2021: Kevin R. George appealed to the U.S. Supreme Court.
- March 16, 2021: The United States Court of Appeals for the Federal Circuit affirmed the United States Court of Appeals for Veterans Claims ruling, denying that the Department of Veterans Affairs committed clear and unmistakable error in denying disability claims based on a later-overturned regulation.[3]
Background
The Department of Veterans Affairs denies Kevin George's disability claim
The Department of Veterans Affairs (VA) denied Kevin George's 1970s disability claim based on a regulation that did not require the agency to prove that his military service did not aggravate his condition. Decades later, a court ruled that the regulation was invalid because it violated the unambiguous text of the relevant statute. George sought to have the VA reconsider his claim following the court ruling, arguing that reliance on the faulty regulation constituted "clear and unmistakable error" (CUE).[1]
Federal Circuit rules against George
The Federal Circuit held that George could not show that the VA committed CUE in his case because the agency "had applied the law in existence at the time."[1] George appealed to the U.S. Supreme Court, arguing that "when a federal court interprets an unambiguous statute, it is declaring what the law has always meant, not announcing a change in meaning."[1]
Questions presented
The petitioner presented the following questions to the court:
Question presented:
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Oral argument
Audio
Audio of oral argument:[5]
Transcript
Transcript of oral argument:[6]
Outcome
The court held 6-3 that the VA's regulatory change did not constitute a CUE—a category that does not include subsequent changes to laws or statutory interpretations. As such, regulatory changes by the VA can only retroactively affect open agency decisions, not final decisions.[2]
Justice Amy Coney Barrett delivered the opinion of the court, joined by Chief Justice John Roberts and Justices Clarence Thomas, Brett Kavanaugh, Samuel Alito, and Elena Kagan. Justice Sonia Sotomayor filed a dissenting opinion. Justice Neil Gorsuch filed a dissenting opinion, joined by Justice Stephen Breyer and Justice Sonia Sotomayor (with respect to all but Part II-C).
Opinions
Opinion of the court
Justice Amy Coney Barrett delivered the opinion of the court, which held that CUEs do not include subsequent changes to laws or statutory interpretations. Regulatory changes by the VA can therefore only retroactively affect open—rather than final—agency decisions:[2]
| “ | [O]n collateral review of a final decision, the more limited category of '[c]lear and unmistakable error does not include the otherwise correct application of a statute or regulation where, subsequent to the Board decision challenged, there has been a change in the interpretation of the statute or regulation.' 38 CFR §20.1403(e).1 The applicability of this principle does not depend on the reason why the agency changed course: A change based on the conclusion that a prior interpretation was wrong is still a changed interpretation.[4] | ” |
| —Amy Coney Barrett, majority opinion in George v. McDonough | ||
Dissenting opinions
Justice Neil Gorsuch filed a dissenting opinion arguing in part that Congress, in 38 U. S. C. § 1110, "required the government to prove by clear and convincing evidence that any condition a veteran suffered was not aggravated by service." The agency's rescinded regulations departed from the congressional standard, according to Gorsuch, which should have entitled George to a hearing. Gorsuch argued that "the agency’s failure to provide him that simple (and legally compelled) courtesy is inexcusable."[2]
Justice Sonia Sotomayor filed a dissenting opinion, arguing in part that the CUE doctrine developed by Congress "was unsettled as to whether judicial invalidation of a regulation that squarely contravened an unambiguous statute constituted a 'change in interpretation of law.'"[2]
Text of the opinion
Read the full opinion here.
October term 2021-2022
The Supreme Court began hearing cases for the term on October 4, 2021. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[7]
The court agreed to hear 68 cases during its 2021-2022 term.[8] Four cases were dismissed and one case was removed from the argument calendar.[9]
The court issued decisions in 66 cases during its 2021-2022 term. Three cases were decided without argument. Between 2007 and 2021, SCOTUS released opinions in 1,128 cases, averaging 75 cases per year.
See also
External links
- Search Google News for this topic
- U.S. Supreme Court docket file - George v. McDonough (petitions, motions, briefs, opinions, and attorneys)
- SCOTUSblog case file for George v. McDonough
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 U.S. Supreme Court, "George v. McDonough, Petition for a writ of certiorari," August 13, 2021
- ↑ 2.0 2.1 2.2 2.3 2.4 United States Supreme Court, "George v. McDonough," June 15, 2022
- ↑ CASETEXT, "George v. McDonough," March 16, 2021
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Supreme Court of the United States, "Oral Argument - Audio," argued April 19, 2022
- ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued April 19, 2022
- ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed February 4, 2021
- ↑ Consolidated cases are counted as one case for purposes of this number.
- ↑ U.S. Supreme Court, "Order List: 593 U.S.," May 17, 2021
