No. 23-713
 
Title: Joshua E. Bufkin, Petitioner
v.
Douglas A. Collins, Secretary of Veterans Affairs
Docketed: January 3, 2024
Linked with: 23A340
Lower Ct: United States Court of Appeals for the Federal Circuit
   Case Numbers: (2022-1089)
   Decision Date: August 3, 2023
Rule 12.4
Questions Presented
 
Proceedings and Orders
Oct 12 2023 Application (23A339) to extend the time to file a petition for a writ of certiorari from November 7, 2023 to January 2, 2024, submitted to the The Chief Justice.
Oct 12 2023 Application (23A340) to extend the time to file a petition for a writ of certiorari from November 1, 2023 to December 31, 2023, submitted to The Chief Justice.
Main Document Lower Court Orders/Opinions Proof of Service
Oct 16 2023 Application (23A339) granted by The Chief Justice extending the time to file until January 2, 2024.
Oct 16 2023 Application (23A340) granted by The Chief Justice extending the time to file until December 31, 2023.
Dec 29 2023 Petition for a writ of certiorari filed. (Response due February 2, 2024)
Petition Appendix Certificate of Word Count Proof of Service
Jan 23 2024 Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.
Main Document
Jan 24 2024 Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
Feb 01 2024 Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Main Document Proof of Service Certificate of Word Count
Feb 02 2024 Brief amicus curiae of Military-Veterans Advocacy filed.
Main Document Proof of Service Certificate of Word Count
Feb 02 2024 Brief amicus curiae of Federal Circuit Bar Association filed.
Main Document Proof of Service Certificate of Word Count
Feb 02 2024 Brief amicus curiae of National Veterans Legal Services Program filed.
Main Document Proof of Service Certificate of Word Count
Feb 27 2024 Motion to extend the time to file a response from March 4, 2024 to March 18, 2024, submitted to The Clerk.
Main Document
Feb 29 2024 Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2024.
Mar 18 2024 Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed.
Main Document Proof of Service
Apr 01 2024 Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Apr 03 2024 DISTRIBUTED for Conference of 4/19/2024.
Apr 22 2024 DISTRIBUTED for Conference of 4/26/2024.
Apr 29 2024 Petition GRANTED.
May 22 2024 Motion for an extension of time to file the briefs on the merits filed.
Main Document
May 24 2024 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2024. The time to file respondent's brief on the merits is extended to and including August 20, 2024.
Jul 02 2024 Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Main Document Certificate of Word Count Proof of Service
Jul 02 2024 Brief of petitioners Joshua E. Bufkin, et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 02 2024 Joint appendix filed. (Statement of costs filed)
Main Document Proof of Service
Jul 09 2024 Brief amicus curiae of Disabled American Veterans filed.
Main Document Certificate of Word Count Proof of Service
Jul 09 2024 Brief amicus curiae of Military-Veterans Advocacy filed.
Main Document Certificate of Word Count Proof of Service
Jul 09 2024 Brief amicus curiae of Federal Circuit Bar Association filed.
Main Document Certificate of Word Count Proof of Service
Jul 09 2024 Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 26 2024 SET FOR ARGUMENT on Wednesday, October 16, 2024.
Jul 29 2024 Record requested from the United States Court of Appeals for the Federal Circuit.
Aug 08 2024 Record received electronically from the United States Court of Appeals for Veterans Claims and available with the Clerk.
Aug 08 2024 CIRCULATED
Aug 09 2024 Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
Aug 20 2024 Brief of respondent Denis McDonough, Secretary of Veterans Affairs filed. (Distributed)
Main Document Proof of Service
Sep 19 2024 Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 16 2024 Argued. For petitioners: Melanie L. Bostwick, Washington, D. C. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 05 2025 Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Gorsuch, J., joined.
Apr 07 2025 Judgment Issued.
Main Document
Attorneys
Attorneys for Petitioner
Melanie Lynn Bostwick
Counsel of Record
Orrick, Herrington & Sutcliffe LLP
2100 Pennsylvania Avenue NW
Washington, DC 20037

MBOSTWICK@ORRICK.COM
Ph: 202-339-8400
Party name: Joshua E. Bufkin, et al.


Attorneys for Respondents
Sarah M. Harris
Counsel of Record
Acting Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Denis McDonough, Secretary of Veterans Affairs


Other Attorneys
Katie Marie Becker
Counsel of Record
University of Missouri Veterans Clinic
120 Hulston Hall
Columbia, MO 65211

Kbhhb@missouri.edu
Ph: 5738826883
Party name: National Law School Veterans Clinic Consortium


Brian Timothy Burgess
Counsel of Record
Goodwin Procter, LLP
1900 N Street, N.W.
Washington, DC 20036

BBurgess@goodwinlaw.com
Ph: 2023464000
Party name: Federal Circuit Bar Association


Debmallo Shayon Ghosh
Counsel of Record
Williams & Connolly LLP
680 Maine Avenue SW
Washington, DC 20024

sghosh@wc.com
Ph: 202-434-5047
Party name: National Veterans Legal Services Program; National Organization of Veterans' Advocates


Michael E. Joffre
Counsel of Record
Sterne, Kessler, Goldstein & Fox, P.L.L.C.
1101 K Street, NW
Washington, DC 20005

mjoffre@sternekessler.com
Ph: 202-371-2600
Party name: Military-Veterans Advocacy


Liam James Montgomery
Counsel of Record
Williams & Connolly, LLP
680 Maine Avenue S.W.
Washington, DC 20024

lmontgomery@wc.com
Ph: 2024345030
Party name: National Veterans Legal Services Program


Amy Frances Odom
Counsel of Record
Chisholm Chisholm & Kilpatrick
321 S Main St
#200
Providence, RI 02903

aodom@cck-law.com
Ph: 401-331-6300
Party name: Disabled American Veterans