| No. 18-15 | |
| Title: | James L. Kisor, Petitioner v. Robert Wilkie, Secretary of Veterans Affairs |
| Docketed: | July 2, 2018 |
| Linked with 17A1154 | |
| Lower Ct: | United States Court of Appeals for the Federal Circuit |
| Case Numbers: | (16-1929) |
| Decision Date: | September 7, 2017 |
| Rehearing Denied: | January 31, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Apr 19 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. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Apr 24 2018 | Application (17A1154) granted by The Chief Justice extending the time to file until June 29, 2018. |
| Jun 29 2018 | Petition for a writ of certiorari filed. (Response due August 1, 2018) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jul 25 2018 | Motion to extend the time to file a response from August 1, 2018 to August 31, 2018, submitted to The Clerk. |
| Main Document | |
| Jul 26 2018 | Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2018. |
| Jul 27 2018 | Brief amici curiae of Southeastern Legal Foundation and The Beacon Center of Tennessee filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 27 2018 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 01 2018 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 01 2018 | Brief amici curiae of National Association of Home Builders, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 01 2018 | Brief amici curiae of The State's of Utah, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 17 2018 | Motion to extend the time to file a response from August 31, 2018 to October 1, 2018, submitted to The Clerk. |
| Main Document | |
| Aug 20 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including October 1, 2018. |
| Sep 26 2018 | Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk. |
| Main Document | |
| Sep 27 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2018. |
| Oct 31 2018 | Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed. |
| Proof of ServiceMain Document | |
| Nov 19 2018 | Reply of petitioner James L. Kisor filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 20 2018 | DISTRIBUTED for Conference of 12/7/2018. |
| Dec 10 2018 | Petition GRANTED limited to Question 1 presented by the petition. |
| Jan 16 2019 | Blanket Consent filed by Respondent, Robert Wilkie, Secretary of Veterans Affairs |
| Blanket Consent | |
| Jan 24 2019 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Jan 24 2019 | Brief of petitioner James L. Kisor filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 25 2019 | SET FOR ARGUMENT on Wednesday, March 27, 2019 |
| Jan 30 2019 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of State and Local Government Associations filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations in support of neither party filed. |
| Main DocumentProof of ServiceProof of ServiceOther | |
| Jan 31 2019 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of National Veterans Legal Services Program, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of Utility Air Regulatory Group filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of Professor Thomas Merrill filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of Professors - Dean Ronald A. Cass, Christopher DeMuth, Sr., and James L. Huffman filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 31 2019 | Brief amicus curiae of Washington Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of Center for Workplace Compliance filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of National Immigrant Justice Center and American Immigration Lawyers Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of National Organization of Veterans’ Advocates, Inc., et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of National Association of Home Builders, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of Stephen C. Connaker and the Military and Veterans' Law Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of States of Utah, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of Public Citizen, Inc. in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed. (Corrected version submitted) |
| Jan 31 2019 | Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed (2/14/19). (Distributed) |
| Main DocumentProof of ServiceCertificate of Word CountOther | |
| Jan 31 2019 | Brief amicus curiae of Sergeant Major Jeff S. Howard (Retired) filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of The Cato Institute, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amici curiae of Southeastern Legal Foundation, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of New Civil Liberties Alliance filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of Jeremy C. Doerre filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2019 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| Main DocumentCertificate of Word CountOther | |
| Feb 14 2019 | CIRCULATED |
| Feb 21 2019 | Record requested from the U.S.C.A. Federal Circuit. |
| Feb 25 2019 | Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed) |
| Main DocumentProof of Service | |
| Feb 28 2019 | The record received from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete. |
| Feb 28 2019 | 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). |
| Mar 04 2019 | Brief amici curiae of Administrative Law Scholars filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 04 2019 | Brief amicus curiae of Senator Sheldon Whitehouse filed. ((Distributed). |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 14 2019 | Reply of petitioner James L. Kisor filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 27 2019 | Argued. For petitioner: Paul W. Hughes, Washington, D. C. For respondent: Noel G. Francisco, Solicitor General, Department of Justice, Washington, D. C. |
| Jun 26 2019 | 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. |
| Jul 29 2019 | JUGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Paul Whitfield Hughes Counsel of Record | Mayer Brown LLP 1999 K Street NW Washington, DC 20006 PHughes@mayerbrown.com | (202) 263-3000 |
| Party name: James L. Kisor | ||
| Attorneys for Respondent | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Robert Wilkie, Secretary of Veterans Affairs | ||
| Other | ||
| Anthony Thomas Caso Counsel of Record | Center for Constitutional Jurisprudence Chapman University, Fowler School of Law One University Drive Orange, CA 92866 caso@chapman.edu | 877-855-3330 |
| Party name: Center for Constitutional Jurisprudence | ||
| Tyler Green Counsel of Record | Utah Solicitor General 350 N. State Street, Suite 230 Salt Lake City, UT 84114-2320 tylergreen@agutah.gov | (801) 538-9600 |
| Party name: State's of Utah, et al. | ||
| Kimberly Stewart Hermann Counsel of Record | Southeastern Legal Foundation 560 W. Crossville Rd. Suite 104 Roswell, GA 30075 khermann@southeasternlegal.org | (770) 977-2131 |
| Party name: Southeastern Legal Foundation, et al. | ||
| Raymond J. LaJeunesse Jr. Counsel of Record | National Right to Work Legal Foundation 8001 Braddock Rd, Suite 600 Springfield, VA 22151 rjl@nrtw.org | 703-321-8510 |
| Party name: National Right to Work Legal Defense Foundation, Inc. | ||
| Mark W. Mosier Counsel of Record | Covington & Burling, LLP One CityCenter 850 Tenth Street, NW Washington, DC 20001 mmosier@cov.com | 202-662-5435 |
| Party name: The Chamber of Commerce of the United States of America | ||
| Evan Andrew Young Counsel of Record | Baker Botts, L.L.P. 98 San Jacinto Boulevard Suite 1500 Austin, TX 78701-4078 evan.young@bakerbotts.com | 512-322-2500 |
| Party name: National Association of Home Builders, et al. | ||
| Jean-Claude Andre Counsel of Record | Sidley Austin LLP 555 W. Fifth Street Suite 4000 Los Angeles, CA 90013 jcandre@sidley.com | (213) 896-6000 |
| Party name: National Immigrant Justice Center and American Immigration Lawyers Association | ||
| Corbin Knight Barthold Counsel of Record | Washington Legal Foundation 2009 Massachusetts Ave., NW Washington, DC 20036 cbarthold@wlf.org | 2025880302 |
| Party name: Washington Legal Foundation | ||
| Michael Patrick Bracken Counsel of Record | NT Lakis, LLP 1501 M Street, Suite 1000 Washington, DC 20005 mbracken@ntlakis.com | 2026295600 |
| Party name: Center for Workplace Compliance | ||
| William James Brown Jr. Counsel of Record | Brown Wegner LLP 2010 Main Street, Suite 1260 Irvine, CA 92614 bill@brownwegner.com | 9497050080 |
| Party name: Stephen C. Connaker, et al. | ||
| Ronald Andrew Cass Counsel of Record | Cass & Associates, PC 10560 Fox Forest Drive Great Falls, VA 22066 roncass@cassassociates.net | 202.438.7590 |
| Party name: Professors - Dean Ronald A. Cass, Christopher DeMuth, Sr., and James L. Huffman | ||
| Jeremy Cooper Doerre Counsel of Record | Tillman Wright, PLLC 11325 N. Community House Road, Suite 250 Charlotte, NC 28277 jdoerre@ti-law.com | 7042484883 |
| Party name: Jeremy C. Doerre | ||
| Anthony Lee Francois Counsel of Record | Pacific Legal Foundation 930 G Street Sacramento, CA 95814 alf@pacificlegal.org | (916) 419-7111 |
| Party name: Pacific Legal Foundation | ||
| Matthew James Ginsburg Counsel of Record | American Fed. of Labor and Congress of Industrial 815 16th St., N.W. Washington, DC 20006 mginsburg@aflcio.org | 202-637-5397 |
| Party name: American Federation of Labor and Congress of Industrial Organizations | ||
| Allyson Ho Counsel of Record | Gibson, Dunn & Crutcher LLP 2100 McKinney Avenue Suite 1100 Dallas, TX 75201 aho@gibsondunn.com | 214-698-3233 |
| Party name: State and Local Government Associations | ||
| William McGinley Jay Counsel of Record | Goodwin Procter, LLP 901 New York Ave., NW Washington, DC 20001 WJay@goodwinlaw.com | 2023464190 |
| Party name: Professor Thomas Merrill | ||
| Martin Sander Kaufman Counsel of Record | Atlantic Legal Foundation 500 Mamaroneck Avenue Suite 320 Harrison, NY 10528 mskaufman@atlanticlegal.org | 914.472.2356 |
| Party name: Atlantic Legal Foundation | ||
| Vincent Gregory Levy Counsel of Record | Holwell Shuster & Goldberg, LLP 425 Lexington Avenue New York, NY 10017 vlevy@hsgllp.com | 6468375151 |
| Party name: PROFESSORS OF ADMINISTRATIVE LAW AND FEDERAL REGULATION | ||
| Elbert Lin Counsel of Record | Hunton Andrews Kurth LLP 951 E. Byrd Street Riverfront Plaza, East Tower Richmond, VA 23219-4074 elin@HuntonAK.com | 804-788-7202 |
| Party name: Utility Air Regulatory Group | ||
| Roman Martinez V Counsel of Record | Latham & Watkins, LLP 555 Eleventh Street, NW Washington, DC 20004 roman.martinez@lw.com | 202-637-3377 |
| Party name: National Organization of Veterans’ Advocates, Inc., et al. | ||
| Jonathan F. Mitchell Counsel of Record | Mitchell Law PLLC 106 East Sixth Street Suite 900 Austin, TX 78701 jonathan@mitchell.law | 5126863940 |
| Party name: New Civil Liberties Alliance | ||
| Scott Lawrence Nelson Counsel of Record | Public Citizen Litigation Group 1600 20th Street, N.W. Washington, DC 20009 snelson@citizen.org | 202-588-1000 |
| Party name: Public Citizen, Inc. | ||
| Amy Mason Saharia Counsel of Record | Williams & Connolly LLP 725 Twelfth Street, N.W. Washington, DC 20005 asaharia@wc.com | 202-434-5000 |
| Party name: National Veterans Legal Services Program et al. | ||
| Ilya Shapiro Counsel of Record | Cato Institute 1000 Massachusetts Ave., NW Washington, DC 20001 ishapiro@cato.org | 2028420200 |
| Party name: The Cato Institute, et al. | ||
| Donald B. Verrilli Jr. Counsel of Record | Munger, Tolles & Olson LLP 1155 F Streeet NW 7th Floor Washington, DC 20004 donald.verrilli@mto.com | 202-220-1101 |
| Party name: ADMINISTRATIVE LAW SCHOLARS | ||
| Shawn Terry Welch Counsel of Record | Holland & Hart, LLP 222 South Main Street, Suite 2200 Salt Lake City, UT 84101 stwelch@hollandhart.com | 8017995800 |
| Party name: Jeff S. Howard | ||
| Sheldon Whitehouse Counsel of Record | Hart Senate Offic Bldg. Ste. Rm. 530 Washington, DC 20017 counsel@whitehouse.senate.gov | (202) 224-2921 |
| Party name: Senator Sheldon Whitehouse | ||