Veteran Warriors, Inc. v. McDonough


Question(s) Presented

“The central premise of deference to agency interpretations under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), is that statutory ambiguity marks a delegation of authority from Congress. Because Congress legislates against the backdrop of canons of statutory construction, courts must employ all applicable canons to determine whether Congress has in fact delegated interpretative authority to an agency. Id. at 843 n.9. Here, the Federal Circuit concluded that provisions in the Caregiver Act were ambiguous and therefore interpretations from the Department of Veterans Affairs were entitled to deference without first applying the Pro-Veteran Canon.”

“The questions presented are:”

1. “Whether courts can defer to the construction of a statute by the Department of Veterans Affairs without first considering whether the statute permits a pro-veteran construction pursuant to the Pro-Veteran Canon.”

2. “Whether Chevron should be clarified or replaced to protect canons of construction, including the Pro-Veteran Canon, from becoming a nullity.”

Posts About this Case

Proceedings and Orders
September 6, 2022
Application (22A202) granted by The Chief Justice extending the time to file until October 14, 2022.
October 26, 2022
Motion to extend the time to file a response is granted and the time is extended to and including December 19, 2022.
December 1, 2022
Motion to extend the time to file a response is granted and the time is further extended to and including January 18, 2023.
February 1, 2023
DISTRIBUTED for Conference of 2/17/2023.
February 21, 2023
Petition DENIED.