No. 19-801

Eddie N. Dela Cruz v. Robert Wilkie, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2019-12-23
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law eligibility-criteria federal-circuit filipino-veterans military-service pro-veteran-canon remedial-legislation service-determination statutory-interpretation veterans-benefits wwii
Latest Conference: 2020-02-21
Question Presented (from Petition)

Whether the Federal Circuit has erred in its narrow construction of ARRA Section 1002—a remedial veteran's statute providing a benefit for Filipinos who were "call[ed] and order[ed] into the service of the armed forces of the United States" during WWII—by not following the pro-veteran canon requiring that the Act be "liberally construed for the benefit of those who left private life to serve their country in its hour of great need."

Question Presented (AI Summary)

Whether the Federal Circuit has erred in its narrow construction of ARRA Section 1002—a remedial veteran's statute providing a benefit for Filipinos who were 'call[ed] and order[ed] into the service of the armed forces of the United States' during WWII—by not following the pro-veteran canon requiring that the Act be 'liberally construed for the benefit of those who left private life to serve their country in its hour of great need

Docket Entries

2020-02-24
Petition DENIED.
2020-01-29
DISTRIBUTED for Conference of 2/21/2020.
2020-01-21
Waiver of right of respondent Wilkie, Robert to respond filed.
2019-12-19
Petition for a writ of certiorari filed. (Response due January 22, 2020)

Attorneys

Eddie Dela Cruz
Seth Alain WatkinsWATKINS LAW & ADVOCACY, PLLC, Petitioner
Wilkie, Robert
Noel J. FranciscoSolicitor General, Respondent