Rudisill v. McDonough


Question(s) Presented

“Whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill, 38 U.S.C. § 3001 et seq., and under the Post-9/11 GI Bill, 38 U.S.C. § 3301 et seq., is entitled to receive a total of 48 months of education benefits as between both programs, without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit.”

Proceedings and Orders
March 28, 2023
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023.
May 30, 2023
DISTRIBUTED for Conference of 6/15/2023.
June 20, 2023
DISTRIBUTED for Conference of 6/22/2023.
June 26, 2023
Petition GRANTED.
August 17, 2023
Amicus brief of The Edison Electric Institute (EEI) not accepted for filing. (Corrected version submitted Aug. 24,2023(September 06, 2023)
September 6, 2023
SET FOR ARGUMENT on Wednesday, November 8, 2023.
September 7, 2023
Record requested from the United States Court of Appeals for the Federal Circuit.
September 14, 2023
Record from the United States Court of Appeals for Veterans Claims received electronically and available with the Clerk.
September 15, 2023
Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER.
September 18, 2023
November 8, 2023
Argued. For petitioner: Misha Tseytlin, Chicago, Ill. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
April 16, 2024
Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Barrett, J., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
May 20, 2024