Decided
Henderson v. Shinseki
Holding
The deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences, and Congress did not require the 120-day deadline to be treated as jurisdictional. (Kagan, J., recused).
Plain English Holding
The deadline for filing a notice of appeal with the Veterans Court is not jurisdictional.
Judgment
Reversed, 8-0, in an opinion by Samuel Alito on Mar 1, 2011. (Kagan, J., recused).
Merits Briefs
- Brief for Petitioner David Henderson
- Brief for Respondent Eric K. Shinseki, Secretary of Veterans
- Reply Brief for Petitioner Doretha H. Henderson, Authorized Representative of David L. Henderson, Deceased
Amicus Briefs
- Brief for Paralyzed Veterans of America and AARP in Support of Petitioner
- Brief for the Federal Circuit Bar Association in Support of Petitioner
- Brief for the United Spinal Association in Support of Petitioner
- Brief for the American Legion in Support of Petitioner
- Brief for Allan G. Halseth in Support of Petitioner
- Brief for the National Veterans Legal Services Program in Support of Petitioner
- Brief for the National Organization of Veterans’ Advocates, Inc.; the Federal Bar Association, Veterans Law Section; and Veterans for Common Sense in Support of Petitioner
Certiorari-Stage Documents
- Opinion below (Federal Circuit)
- Petition for certiorari (unavailable)
- Brief in opposition (unavailable)
- Petitioner’s reply (unavailable)
- Amicus brief of the National Organization Of Veterans Advocates, Inc. et al. (unavailable)
- Amicus brief of Paralyzed Veterans of America (unavailable)
- Amicus brief of the United Spinal Association (unavailable)
Related Coverage
Feb 24, 2010Petition for a writ of certiorari filed. (Response due March 29, 2010)
Mar 24, 2010Order extending time to file response to petition to and including April 28, 2010.
Mar 26, 2010Brief amicus curiae of United Spinal Association filed.
Mar 26, 2010Brief amicus curiae of Paralyzed Veterans of America filed.
Mar 26, 2010Brief amici curiae of National Organization of Veterans's Advocates, Inc., et al. filed.
Apr 21, 2010Order further extending time to file response to petition to and including May 28, 2010.
May 26, 2010Brief of respondent Eric K. Shinseki, Secretary of Veterans Affairs in opposition filed.
Jun 3, 2010Reply of petitioner David L. Henderson filed.
Jun 8, 2010DISTRIBUTED for Conference of June 24, 2010.
Jun 28, 2010Petition GRANTED.
Jul 13, 2010Motion to dispense with printing the joint appendix filed by petitioner David L. Henderson.
Jul 20, 2010The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including September 10, 2010.
Aug 16, 2010Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Sep 2, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for petitioner.
Sep 7, 2010SET FOR ARGUMENT ON Monday, December 6, 2010.
Sep 7, 2010Justice Kagan is recused in this case.
Sep 10, 2010Brief of petitioner David L. Henderson filed.
Sep 16, 2010Brief amici curiae of Paralyzed Veterans of America, and AARP filed.
Sep 17, 2010Brief amicus curiae of United Spinal Association filed.
Sep 17, 2010Brief amicus curiae of American Legion filed.
Sep 17, 2010Brief amicus curiae of National Veterans Legal Services Program filed.
Sep 17, 2010Brief amici curiae of National Organization of Veterans' Advocates, Inc., et al. filed.
Sep 17, 2010Brief amicus curiae of Federal Circuit Bar Association filed.
Sep 17, 2010Brief amicus curiae of Allan G. Halseth filed.
Sep 21, 2010The time to file respondent's brief on the merits is extended to and including November 1, 2010.
Sep 27, 2010CIRCULATED
Oct 1, 2010Record received from U.S.C.A. for Fedral Circuit. (1 envelope)
Nov 1, 2010Motion to substitute party filed by Doretha H. Henderson, the authorized representative of David L. Henderson, deceased.
Nov 1, 2010Brief of respondent Eric K. Shinseki, Secretary of Veterans Affairs filed. (Distributed)
Nov 8, 2010Motion DISTRIBUTED for Conference of November 12, 2010.
Nov 15, 2010Motion of Doretha H. Henderson, the authorized representative of David L. Henderson, to be substituted as petitioner GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Nov 19, 2010Reply of petitioner Doretha H. Henderson, Authorized Representative of David L. Henderson, Deceased filed. (Distributed)
Dec 6, 2010Argued. Lisa S. Blatt, Wasghington, D. C. For respondent: Eric D. Miller, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 1, 2011Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which all other Members joined, except Kagan, J., who took no part in the consideration or decision of the case.
Apr 4, 2011JUDGMENT ISSUED.
Recommended Citation: Henderson v. Shinseki, SCOTUSblog, https://www.scotusblog.com/cases/henderson-v-shinseki/