Veteranclaims’s Blog

September 15, 2020

Order; NATIONAL ORGANIZATION OF VETERANS’ ADVOCATES, INC. v. SECRETARY OF VETERANS AFFAIRS, No. 2020-1321 (September 15, 2020); parties are requested to file supplemental briefs before oral argument;

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit


NATIONAL ORGANIZATION OF VETERANS’
ADVOCATES, INC.,
Petitioner
v.
SECRETARY OF VETERANS AFFAIRS,
Respondent


2020-1321


Petition for review pursuant to 38 U.S.C. Section 502.


PER CURIAM.
O R D E R
The parties are requested to file supplemental briefs
before oral argument
addressing the following questions
related to National Organization of Veterans’ Advocates’
(NOVA) Article III standing:
(1) Are the allegations of the Petition sufficient to establish
standing, even without any evidence from
NOVA, given that the Secretary does not challenge
standing, or must NOVA submit evidence to establish
Article III standing, see Phigenix, Inc. v. Immunogen,
Inc., 845 F.3d 1168, 1171–73 (Fed. Cir.
Case: 20-1321 Document: 87 Page: 1 Filed: 09/15/2020
2 NOVA v. SECRETARY OF VETERANS AFFAIRS
2017); Shrimpers & Fishermen of RGV v. Texas
Commission on Environmental Quality, 968 F.3d
419, 423–24 (5th Cir. 2020) (citing cases from six
other circuits)?
(2) Is there evidence that, at the time of the Petition,
NOVA had members with standing to challenge the
provisions at issue?
(3) Does NOVA have standing on any basis apart from
having had members who would have had standing
to challenge the provisions at issue?
IT IS ORDERED THAT:
Each party shall submit a brief, not to exceed 15 pages,
along with any evidence (not subject to the page limit), in
accordance with this Order. NOVA’s filing is due by
5:00 p.m. on September 22, 2020. The Secretary’s responsive
filing is due by 5:00 p.m. on September 29, 2020.
NOVA may submit a reply brief, not to exceed 5 pages, by
5:00 p.m. on October 2, 2020.
If NOVA chooses to make evidentiary submissions, for
example, in the form of a declaration, the court will deem
the submissions to be timely.
The court requires 24 paper copies of the supplemental
briefs provided by the filer within 2 business days from the
date of electronic filing of the document. Administrative
Order No. 20-01 does not exempt the filing of these paper
copies.
September 15, 2020
Date
FOR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 20-1321 Document: 87 Page: 2 Filed: 09/15/2020

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