Sens. Cruz, Lee Brief High Court In Vet's Disability Denial Row

By Max Jaeger (March 8, 2022, 8:28 PM EST) -- U.S. Sens. Ted Cruz and Mike Lee urged the U.S. Supreme Court on Monday to "enforce the separation of powers" and reject a circuit court ruling that effectively ceded legislative power to a federal agency by conflating the agency's regulation with the underlying statute that gave rise to it.

The U.S. Department of Veterans Affairs denied plaintiff Kevin George's disability application in a 1977 "unelaborated conclusion" it rendered per a 1974 agency regulation, which failed to require evidence supporting the rejection as prescribed in the relevant statute.

The Federal Circuit in 2004 invalidated the regulation, but in March 2021, the appeals...

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