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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!