| No. 21-972 | |
| Title: | Thomas H. Buffington, Petitioner v. Denis R. McDonough, Secretary of Veterans Affairs |
| Docketed: | January 6, 2022 |
| Linked with 21A113 | |
| Lower Ct: | United States Court of Appeals for the Federal Circuit |
| Case Numbers: | (2020-1479) |
| Decision Date: | August 6, 2021 |
| Date | Proceedings and Orders |
| Oct 22 2021 | Application (21A113) to extend the time to file a petition for a writ of certiorari from November 4, 2021 to December 6, 2021, submitted to The Chief Justice. |
| Main DocumentProof of Service | |
| Oct 27 2021 | Application (21A113) granted by The Chief Justice extending the time to file until December 6, 2021. |
| Nov 22 2021 | Application (21A113) to extend further the time from December 6, 2021 to January 3, 2022, submitted to The Chief Justice. |
| Written RequestProof of Service | |
| Nov 30 2021 | Application (21A113) granted by The Chief Justice extending the time to file until January 3, 2022. |
| Jan 03 2022 | Petition for a writ of certiorari filed. (Response due February 7, 2022) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jan 12 2022 | Motion to extend the time to file a response from February 7, 2022 to March 9, 2022, submitted to The Clerk. |
| Main Document | |
| Jan 14 2022 | Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2022. |
| Feb 04 2022 | Brief amicus curiae of Concerned Veterans for America Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 07 2022 | Brief amici curiae of Indiana, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 07 2022 | Brief amici curiae of Military-Veterans Advocacy, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 07 2022 | Brief amici curiae of Cato Institute and the National Right to Work Legal Defense Foundation, Inc. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 07 2022 | Brief amici curiae of Senators Tom Cotton, Marsha Blackburn, Kevin Cramer, and Ted Cruz filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 03 2022 | Motion to extend the time to file a response from March 9, 2022 to April 8, 2022, submitted to The Clerk. |
| Main Document | |
| Mar 04 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2022. |
| Apr 08 2022 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed. |
| Main DocumentProof of Service | |
| Apr 26 2022 | DISTRIBUTED for Conference of 5/12/2022. |
| Apr 26 2022 | Reply of petitioner Thomas H. Buffington filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| May 05 2022 | Rescheduled. |
| May 16 2022 | DISTRIBUTED for Conference of 5/19/2022. |
| May 17 2022 | Rescheduled. |
| May 23 2022 | DISTRIBUTED for Conference of 5/26/2022. |
| May 24 2022 | Rescheduled. |
| May 31 2022 | DISTRIBUTED for Conference of 6/2/2022. |
| May 31 2022 | Rescheduled. |
| Jun 06 2022 | DISTRIBUTED for Conference of 6/9/2022. |
| Jun 07 2022 | Rescheduled. |
| Jun 13 2022 | DISTRIBUTED for Conference of 6/16/2022. |
| Jun 16 2022 | Rescheduled. |
| Jun 21 2022 | DISTRIBUTED for Conference of 6/23/2022. |
| Jun 21 2022 | Rescheduled. |
| Sep 12 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Oct 03 2022 | DISTRIBUTED for Conference of 10/7/2022. |
| Oct 11 2022 | DISTRIBUTED for Conference of 10/14/2022. |
| Oct 24 2022 | DISTRIBUTED for Conference of 10/28/2022. |
| Oct 31 2022 | DISTRIBUTED for Conference of 11/4/2022. |
| Nov 07 2022 | Petition DENIED. Justice Gorsuch, dissenting from the denial of certiorari. (Detached Opinion) |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Richard A. Samp Counsel of Record | New Civil Liberties Alliance 1225 19th Street NW, Suite 450 Washington, DC 20036 rasamp@verizon.net | 202-869-5210 |
| Party name: Thomas H. Buffington | ||
| Attorneys for Respondent | ||
| Elizabeth B. Prelogar 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: Denis R. McDonough, Secretary of Veteran Affairs | ||
| Other | ||
| Melanie Lynn Bostwick Counsel of Record | Orrick, Herrington & Sutcliffe LLP 1152 15th Street NW Washington, DC 20005 mbostwick@orrick.com | 202-339-8483 |
| Party name: Military-Veterans Advocacy, National Organization of Veterans’ Advocates, Paralyzed Veterans of America, The Veterans of Foreign Wars, and Vietnam Veterans of America | ||
| Thomas M. Fisher Counsel of Record | Office of the Indiana Attorney General IGC South, Fifth Floor 302 W. Washington Street Indianapolis, IN 46204 tom.fisher@atg.in.gov | 317-232-6255 |
| Party name: States of Indiana, Arizona, Alabama, Alaska, Arkansas, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Utah, and Virginia | ||
| Raymond J. LaJeunesse Jr. Counsel of Record | National Right to Work Legal Defense 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. | ||
| Thomas Ryan McCarthy Counsel of Record | Consovoy McCarthy PLLC 1600 Wilson Boulevard Suite 700 Arlington, VA 22209 tom@consovoymccarthy.com | 7032439423 |
| Party name: Cato Institute and the National Right to Work Legal Defense Foundation, Inc. | ||
| Michael Hugh McGinley Counsel of Record | Dechert LLP 1900 K Street, NW Washington, DC 20006 michael.mcginley@dechert.com | (202) 261-3378 |
| Party name: Senators Tom Cotton, Marsha Blackburn, Kevin Cramer, and Ted Cruz | ||
| Michael David Pepson Counsel of Record | Americans for Prosperity Foundation 1310 N. Courthouse Rd., Ste. 700 Arlington, VA 22201 mpepson@afphq.org | 5713294529 |
| Party name: Concerned Veterans for America Foundation | ||