No. 18-1360

Robert G. Thornton v. United States, et al.

Lower Court: District of Columbia
Docketed: 2019-04-30
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights due-process first-amendment standing administrative-law civil-rights due-process fair-hearing first-amendment fraud judicial-review obstruction-of-justice standing veterans-affairs veterans-rights
Latest Conference: 2019-06-20
Question Presented (from Petition)

Whether a veteran has a right to meaningful access to the courts and administrative agencies under the First Amendment of the Constitution when the government concealed evidence during adjudication, engaged in a continuing of pattern of systematic, deliberate fabrication of false statements and obstruction of justice, including, but not limited to, creating a false and fraudulent Board of Veterans Affairs (BVA) Decision based on fraudulently concealing material evidence this veteran had submitted timely appeal as uncovered by his FOIA request and terminating this veteran's appeal thereby completely foreclosing any further remedy, then published on petitioners official Veterans Affairs website for veterans (VA.gov).

Whether it is a violation of this veteran's First and Fifth Amendment rights when the VA and the District Court use the presumption of regularity and, or 38 U.S.C. § 511(a) non-review preclusion clause to ignore rebuttal evidence to defendants motion to dismiss (MTD), and to plaintiffs Federal Rule of Civil Procedure (FRCP) 12(b)1 OMTD and 60(b)3.

Whether a veteran has a constitutional right to a fair hearing on the merits of his disability claim decided according to fundamentally fair procedures and that the initial and subsequent determinations has been subject to nothing but deferential review that continues with the same concealed evidence during adjudication, misstatements of material facts, misstatements of law, fraudulent submissions and omissions.

Question Presented (AI Summary)

Whether a veteran has a right to meaningful access to the courts and administrative agencies under the First Amendment when the government concealed evidence, engaged in a pattern of fabrication and obstruction of justice

Docket Entries

2019-06-24
Petition DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-14
Waiver of right of respondent United States, et al. to respond filed.
2019-04-26
Petition for a writ of certiorari filed. (Response due May 30, 2019)
2019-02-21
Application (18A846) granted by The Chief Justice extending the time to file until April 28, 2019.
2019-02-14
Application (18A846) to extend the time to file a petition for a writ of certiorari from February 27, 2019 to April 28, 2019, submitted to The Chief Justice.

Attorneys

Robert Thornton
Robert G. Thornton — Petitioner
United States, et al.
Noel J. FranciscoSolicitor General, Respondent