Haas Bwv Ao Case

[Berta]

does anyone have a link to verify this?

http://vnvets.blogspot.com/2008/10/haas-ap...reme-court.html

[Angela]

Here is a link to the Haas Case on the docket at the Supreme Court. Hope this is what you need.

Haas on Supreme Court Docket

[Berta]

Thanks Angela- I think the Petition for a writ of certiorari filed

has been misunderstood by the vet who posted this info-

Of course based on the most recent info at NVLSP I do expect this case to go to the Supreme Court

http://www.nvlsp.org/Information/ArticleLi...urrent%20Status

Stephen Kinnaid might have filed a petition to the Supreme COurt himself on behalf of Haas. ?

I noticed BWNVVA members havent passed this info on yet-(I am a member of that org) so

I think they are all looking for more info

[Angela]

Hopefully the Supreme Court will grant the writ and hear the case. The last Veteran's Benefits case I could find that they had reviewed was the Brown v Gardner in 1994. Since then, they have allowed the Federal Circuit to bypass the Gardner decision with Chevron deference to agency interpretation of their own regulations... Just as they are now in the case of the Blue Water Vets.

I was glad to see the vet's brief pointed out that it should not matter if the appeal mentioned Gardner before the Federal Circuit. The law is the law and the Federal Circuit should know and apply it weather it's specifically mentioned or not!

Sorry to go off, it's just that this specific issue (Gardner versus Chevron) has had me grinding my teeth ever since Smith was overturned.

[Berta]

Yes they filed a writ of Certiorari-

I have the 244 page pdf if anyone wants it-

[Angela]

I'd like to read it, Berta. Thanks!

[Berta]

As email from Rick (attorney NVLSP) says-

"Hi Everyone,

Although we’ll be posting on our website shortly, I wanted to let you know that on Friday, we filed a petition for writ of certiorari in the U.S. Supreme Court in Haas. Actually, Stephen Kinnaird of Paul, Hastings, Janofsky & Walker LLP prepared and filed the petition with our advice and assistance. It was docketed today and the government’s response is due on November 21st. I’ve attached a copy of the petition if you are interested in taking a look at it (it’s pretty long). The Supreme Court only grants certiorari in about 1% of cases and, even if they agree to hear the case, there is obviously no guarantee we would win on the merits. So keep your fingers crossed.

Rick"

This is a small important step but nothing that any BWV can hang their hat on-

Haas_v_Peake_Supreme_Court_Petition_FINAL.pdf

Edited October 24, 2008 by Berta