2010 Supreme Court term

HENDERSON, DECEASED v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS

Dockets 09-1036Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Justice Ginsburg, the case concerns whether a filing deadline for veterans’ appeals is jurisdictional.

According to Lisa S. Blatt (Petitioner), according to Lisa S. Blatt (Petitioner), the petitioner argues that the Federal Circuit’s ruling that the deadline is jurisdictional is wrong because it blocks review for veterans who cannot file on time due to their disability.

According to Government (Respondent), according to Government (Respondent), the government contends that veterans who file in the wrong forum are simply out of time with no exceptions.

Background and question before the Court

According to Justice Ginsburg, the legal question before the Court is whether the deadline for filing a veterans’ appeal is a jurisdictional requirement.

What each side argues

Petitioner (Lisa S. Blatt)

The deadline is not jurisdictional; therefore the Federal Circuit erred in treating it as such.

Respondent (Government)

According to Government (Respondent), according to Government (Respondent), veterans who miss the filing deadline, even if they filed in the wrong forum, are out of time with no exception.

What happened at oral argument

According to Chief Justice Roberts, chief Justice Roberts introduced the case.

Justices asked whether the deadline is jurisdictional and whether there are exceptions for veterans who miss it.

Eric D. Miller presented oral argument on behalf of the respondent.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

If the deadline is deemed jurisdictional, many veterans with disabilities may be barred from appealing for benefits.

The case also raises issues about representation and notice, affecting how veterans receive information about filing deadlines.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • b322b52d0d8eb1281dc8-r1-04c3be04cdca284a.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.