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Gray v. Wilkie

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Supreme Court of the United States
Gray v. Wilkie
Docket number: 17-1679
Term: 2018
Court: United States Supreme Court
Important dates
Argument: TBD
Court membership
Chief Justice John G. Roberts • Clarence Thomas • Ruth Bader Ginsburg • Stephen Breyer • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh

Gray v. Wilkie is a case that was argued before the Supreme Court of the United States during the court's 2018-2019 term. A ruling on the case by the court is currently pending. The case was originially scheduled for argument on February 25, 2019, but it was removed from the argument calendar on February 6, 2019. The case concerns an interpretation of a law intended to help veterans who served in Vietnam. It came on a writ of certiorari to the United States Court of Appeals for the Federal Circuit.[1]

HIGHLIGHTS
  • The case: The U.S. Department of Veterans Affairs (VA) changed its interpretation of the law that helps Vietnam veterans obtain care for diseases caused by Agent Orange, a toxic herbicide used during the Vietnam War. The change excluded veterans who served on certain waterways near Vietnam. A Vietnam veteran who served in the U.S. Navy challenged the interpretation, and the United States Court of Appeals for the Federal Circuit dismissed the case, citing a lack of jurisdiction.
  • The issue: Whether the Federal Circuit has jurisdiction under 38 U.S.C. §502 to review an interpretive rule reflecting VA's definitive interpretation of its own regulation, even if VA chooses to promulgate that rule through its adjudication manual.[2]
  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.


    • You can review the lower court's opinion here.[3]

    Timeline

    The following timeline details key events in this case:

    • November 2, 2018: U.S. Supreme Court agreed to hear case
    • June 19, 2018: Petition filed with U.S. Supreme Court
    • November 16, 2017: Federal Circuit dismissed case, citing lack of jurisdiction

    Background

    In 1991, Congress passed a bill to help Vietnam veterans obtain care for diseases caused by Agent Orange, a toxic herbicide used during the Vietnam War. In 2016, the U.S. Department of Veterans Affairs (VA) changed its interpretation of the law by stating that only veterans who set foot on Vietnamese soil or served in the country’s inland waterways could receive benefits under the law. This change prevented veterans who served in Vietnam’s ports, harbors, and bays from accessing care under the law.

    Robert Gray, who served in the U.S. Navy during the Vietnam War, challenged the VA's interpretation, "relying on a federal law that gives the U.S. Court of Appeals for the Federal Circuit authority to review challenges to rules and policies issued by the VA before the rules are actually enforced. The rationale behind that law was to allow veterans to challenge the VA’s actions without, Gray explained having to 'first litigate such challenges through the notoriously backlogged and inefficient VA disability claims process,'" according to SCOTUSblog.[4]

    The United States Court of Appeals for the Federal Circuit dismissed the case, citing a lack of jurisdiction. The court ruled that "because the challenged policy was merely a revision of the manual and did not amount to 'rulemaking' that carries the force of law. As such, it falls outside the scope of § 502," according to Oyez.[5]

    Gray appealed to the Supreme Court, and the court agreed to hear the case on November 2, 2018.

    Question presented

    The petitioner presented the following question to the court:[2]

    Question presented:
    • Whether the Federal Circuit has jurisdiction under 38 U.S.C. §502 to review an interpretive rule reflecting VA's definitive interpretation of its own regulation, even if VA chooses to promulgate that rule through its adjudication manual.

    Audio

    • Audio of the case will be posted here when it is made available.

    Transcript

    • A transcript of the case will be posted here when it is made available.

    Outcome

    The case is pending adjudication before the U.S. Supreme Court.

    See also

    External links

    Footnotes

    1. ↑ Supreme Court of the United States, "17-1679 Gray v. Wilkie," accessed January 29, 2019
    2. ↑ 2.0 2.1 Supreme Court of the United States, "17-1679 Gray v. Wilkie," accessed January 29, 2019
    3. ↑ SCOTUSblog, "Gray v. Wilkie," accessed January 29, 2019
    4. ↑ SCOTUSblog, "Busy afternoon at the Supreme Court: Six grants and one reargument order, but no stay in census dispute," November 2, 2018
    5. ↑ Oyez, "Gray v. Wilkie," accessed February 4, 2019
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