No. 20-1691

Paul E. Robinson v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2021-06-07
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law auer-deference constitutional-rights due-process equal-protection judicial-review veterans-benefits
Latest Conference: 2021-09-27
Question Presented (from Petition)

1) Did the court of appeals violate constitutional rights of "Due process " and "Equal protection " when it deferred to the BVA and failed to review according to 38 U.S.C.#7261 as petitioned by the veteran.

2) Whether the court of appeals erred in accepting a JMR that was rejected, by the veteran, leading to the abandonment of issues favorable to the veteran.

3) Should "Auer Deference " be repealed when it leads to abuse of discretion.

Question Presented (AI Summary)

Did the court of appeals violate constitutional rights of the veteran?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-07-02
Waiver of right of respondent McDonough, Denis to respond filed.
2021-06-03
Petition for a writ of certiorari filed. (Response due July 7, 2021)

Attorneys

McDonough, Denis
Brian H. FletcherActing Solicitor General, Respondent
Paul E. Robinson
Paul E. Robinson — Petitioner