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In a week that has seen a modest number of petitions and applications on the Supreme Court’s docket, one case stands out for its potential implications on veterans’ benefits. The case, Johnson v. United States Congress, involves Army veteran Floyd Johnson. He argues against a federal statute that caps disability benefits for incarcerated veterans at the equivalent of a 10% disability rating, despite holding an 80% disability rating due to PTSD stemming from his military service.
Johnson’s petition raises constitutional questions against 38 U.S.C. § 5313, arguing that it violates the Bill of Attainder Clause and the Equal Protection Clause of the Fifth Amendment. The matter at hand is whether district courts retain jurisdiction over these constitutional challenges—that previously included facial constitutional challenges under the Johnson v. Robison precedent—or if the Veterans’ Judicial Review Act (VJRA) indeed shifted this exclusive authority to the Court of Appeals for Veterans Claims and the Federal Circuit.
The case highlights a significant circuit split. The U.S. Court of Appeals for the 8th and 11th Circuits maintain that district courts lack jurisdiction in such cases, while others including the 2nd, 5th, 6th, 7th, 9th, and D.C. Circuits affirm the district courts’ role. Notably, both the petitioner and the government believe it’s appropriate for the Supreme Court to resolve this split, with the government acknowledging the importance of resolving this disparity.
With both parties urging review and the potential for widespread impact on the administration of veterans benefits, Johnson v. United States Congress could be positioned for the Supreme Court’s fall argument schedule. For further details on recent cert petition relists and other developments, see the full analysis on SCOTUSblog.
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