Your monthly support provides voters the knowledge they need to make confident decisions at the polls. Donate today.

George v. McDonough

From Ballotpedia
Revision as of 02:57, 20 April 2022 by Sara Reynolds (contribs)
Jump to: navigation, search
New Administrative State Banner.png
Supreme Court of the United States
George v. McDonough
Docket number: 21-234
Term: 2021
Court: United States Supreme Court
Important dates
Argued: April 19, 2022
Court membership
Chief Justice John Roberts • Clarence Thomas • Stephen Breyer • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh • Amy Coney Barrett

George v. McDonough is a case involving when a veteran has the legal right to appeal after the U.S. Department of Veterans Affairs (VA) denies a disability benefits claim. Veterans have the right to challenge final VA decisions if the agency makes a "clear and unmistakable error" (CUE). This case is about whether CUE occurred when the VA relied on later-overturned regulations to deny a disability claim.[1]

The case was argued before the Supreme Court of the United States on April 19, 2022, during the court's October 2021-2022 term.

HIGHLIGHTS
  • The case: 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."[1] Click here to learn more about the case's background.
  • The issue: The case concerned whether veterans may challenge VA decisions based on regulations that are found to be in violation of the plain text of governing statutes.
  • The question presented: "When the Department of Veterans Affairs (VA) denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision?"[1]
  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.


    • 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: If the U.S. Supreme Court rules that veterans may challenge VA decisions based on regulations that are later found to be invalid, veterans whose disability claims were denied on those grounds may seek to have the agency revise its decisions.

    Timeline

    The following timeline details key events in this case:

    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:
    “ When the Department of Veterans Affairs (VA) denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision?

    [3]

    		”

    Oral argument

    Audio

    Audio of oral argument:[4]



    Transcript

    Transcript of oral argument:[5]

    Outcome

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

    October term 2021-2022

    See also: Supreme Court cases, 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.[6]

    The court agreed to hear 68 cases during its 2021-2022 term.[7] Four cases were dismissed and one case was removed from the argument calendar.[8]

    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

    Footnotes

    1. ↑ 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. ↑ CASETEXT, "George v. McDonough," March 16, 2021
    3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    4. ↑ Supreme Court of the United States, "Oral Argument - Audio," argued April 19, 2022
    5. ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued April 19, 2022
    6. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed February 4, 2021
    7. ↑ Consolidated cases are counted as one case for purposes of this number.
    8. ↑ U.S. Supreme Court, "Order List: 593 U.S.," May 17, 2021
    Retrieved from "https://ballotpedia.org/wiki/index.php?title=George_v._McDonough&oldid=8774122"