George v. McDonough | |
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Decided June 15, 2022 | |
Full case name | George v. McDonough |
Docket no. | 21-234 |
Citations | 596 U.S. ___ ( more ) |
Holding | |
The invalidation of a Department of Veterans Affairs regulation after a veteran's benefits decision becomes final cannot support a claim for collateral relief permitting revision of that decision based on "clear and unmistakable error" under 38 U.S.C. §§ 5109A and 7111. | |
Court membership | |
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Case opinions | |
Majority | Barrett |
Dissent | Gorsuch, joined by Breyer, Sotomayor (in part) |
Laws applied | |
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George v. McDonough, 596 U.S. ___ (2022), was a United States Supreme Court case in which the Court held that the invalidation of a Department of Veterans Affairs regulation after a veteran's benefits decision becomes final cannot support a claim for collateral relief permitting revision of that decision based on "clear and unmistakable error" under 38 U.S.C. §§ 5109A and 7111. [1]
Joseph McKenna was an American politician who served in all three branches of the U.S. federal government as a member of the U.S. House of Representatives, as U.S. Attorney General and as an Associate Justice of the Supreme Court. He is one of seventeen members of the House of Representatives who subsequently served on the Supreme Court.
Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), was a case in which the US Supreme Court ruled that an implied cause of action existed for an individual whose Fourth Amendment protection against unreasonable search and seizures had been violated by the Federal Bureau of Narcotics. The victim of such a deprivation could sue for the violation of the Fourth Amendment itself despite the lack of any federal statute authorizing such a suit. The existence of a remedy for the violation was implied by the importance of the right violated.
Houston East & West Texas Railway Co. v. United States, 234 U.S. 342 (1914), also known as the Shreveport Rate Case, was a decision of the United States Supreme Court expanding the power of the Commerce Clause of the Constitution of the United States. Justice Hughes's majority opinion stated that the federal government's power to regulate interstate commerce also allowed it to regulate purely intrastate commerce in cases where control of the former was not possible without control of the latter. Because the Supreme Court consolidated several related appeals, they are sometimes collectively known as the "Shreveport Rate Cases" although the Supreme Court issued only one ruling.
Jerry Edwin Smith is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
McDonough v. Smith, 588 U.S. ___ (2019), was a United States Supreme Court case from the October 2018 term. In a 6–3 ruling, the Court held that the 3-year statute of limitations for a fabrication of evidence civil lawsuit under section 1983 of the Civil Rights Act begins to run when the criminal case ends in the plaintiff's favor.
City of Austin v. Reagan National Advertising of Austin, LLC, 596 U.S. ___ (2022), was a United States Supreme Court case dealing with the application of zoning restrictions on digital billboards in the city of Austin, Texas. In a 6–3 ruling, the Court ruled that the Austin regulation against off-premise digital signs was content-neutral and thus should be reviewed as a facial challenge rather than a strict scrutiny following from the reasoning in Reed v. Town of Gilbert.
United States v. Vaello Madero, 596 U.S. ___ (2022), was a United States Supreme Court case related to the constitutionality of the exclusion of United States citizens residing in Puerto Rico from the Supplemental Security Income program. In an 8–1 decision, the Court ruled that as Congress had been granted broad oversight of United States territories by Article Four of the United States Constitution, the exclusion of the territories by Congress from programs like Supplemental Security Income did not violate the Due Process Clause of the Fifth Amendment.
Federal Election Commission v. Ted Cruz for Senate, 596 U.S. 289 (2022), was a case related to the First Amendment to the United States Constitution. The Supreme Court of the United States struck down section 304 of the Bipartisan Campaign Reform Act, which limited the amount of money that candidates could be paid on personal loans to their campaign.
Egbert v. Boule, 596 U.S. 482 (2022), is a United States Supreme Court case in which the court declined to extend Bivens v. Six Unknown Named Agents.
Shinn v. Ramirez, 596 U.S. 366 (2022), was a case decided by the United States Supreme Court related to the Antiterrorism and Effective Death Penalty Act of 1996. The court held that new evidence that was not in the state court's records, based on ineffective assistance of post-conviction counsel, could not be used in an appeal to a federal court.
Southwest Airlines Co. v. Saxon, 596 U.S. ___ (2022), was a United States Supreme Court case related to the scope of the Federal Arbitration Act, in which the Court unanimously held that cargo loaders and ramp supervisors employed at airports are exempt from the Federal Arbitration Act.
Viking River Cruises, Inc. v. Moriana, 596 U.S. ___ (2022), was a United States Supreme Court case related to the scope of the Federal Arbitration Act.
Patel v. Garland, 596 U.S. 328 (2022), was a United States Supreme Court case related to the jurisdiction of federal courts over immigration appeals.
Torres v. Texas Department of Public Safety, 597 U.S. 580 (2022), was a United States Supreme Court case dealing with the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA) and state sovereign immunity. In a 5–4 decision issued in June 2022, the Court ruled that state sovereign immunity does not prevent states from being sued under federal law related to the nation's defense.
Arellano v. McDonough, 598 U. S. 1 (2023), is a United States Supreme Court case in which the Court held that 38 U.S.C. § 5110(b)(1), a provision relating to VA disability compensations, is not subject to equitable tolling.
Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., 596 U.S. ___ (2022), was a United States Supreme Court case in which the Court held that the Medicare Secondary Payer statute does not authorize disparate-impact liability, and the Marietta Plan’s coverage terms for outpatient dialysis were lawful because those terms applied uniformly to all covered individuals.
Cassirer v. Thyssen-Bornemisza Collection Foundation, 596 U.S. ___ (2022), was a United States Supreme Court case in which the Court held that, in a suit raising non-federal claims against a foreign state or instrumentality under the Foreign Sovereign Immunities Act, a court should determine the substantive law by using the same choice-of-law rule applicable in a similar suit against a private party.
Morgan v. Sundance, Inc., 596 U.S. ___ (2022), was a United States Supreme Court case in which the Court held that federal courts may not adopt an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice.
Denezpi v. United States, 596 U.S. ___ (2022), was a United States Supreme Court case in which the Court held that the double jeopardy clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them.
United States v. Taylor, 596 U.S. ___ (2022), was a United States Supreme Court case in which the Court held that an attempted Hobbs Act robbery does not qualify as a "crime of violence" under
because no element of the offense requires proof that the defendant used, attempted to use, or threatened to use force.This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain . "[T]he Court is unanimously of opinion that no reporter has or can have any copyright in the written opinions delivered by this Court." Wheaton v. Peters, 33 U.S. (8 Pet.) 591, 668 (1834)