Giving students practical, meaningful experience while supporting better outcomes for veterans, Stetson Law’s Veterans Law Institute has filed an amicus brief in a U.S. Supreme Court case.
Filed on October 5th on behalf of the National Law School Veterans Clinic Consortium, the brief argues that the Court should take up the case of James M. Kernz because it raises an important question about veterans’ rights and access to independent judicial review. The case asks whether the Department of Veterans Affairs can take action on a claim after a veteran has already appealed to the courts, thereby effectively shutting down the veteran’s court appeal.
What the brief argues
After the VA’s Board of Veterans’ Appeals incorrectly determined that his appeal was untimely, Kernz, an Army veteran, appealed to the U.S. Court of Appeals for Veterans Claims. While that appeal was pending, the Board acknowledged its error and reinstated his claim. Both the Veterans Court and the Federal Circuit later concluded that the Board’s actions provided Kernz the relief he sought, making the case moot.
The consortium disagrees, contending that the courts never actually ruled on whether the Board had the authority to act once Kernz filed his appeal, which shifted jurisdiction over the case to the court and rendered invalid any Board action that followed.
Warning that the case may have broader implications for veterans, the brief says the ruling could create confusion about which body has authority over a claim, weaken veterans’ access to legal representation, and encourage delays in an already lengthy benefits system.
The brief urges the Supreme Court to hear the case and reverse the lower court’s decision, arguing that veterans deserve meaningful, independent judicial review when they challenge VA decisions.
A cross-country collaboration
From research to filing, the brief brought together personnel from law clinics around the nation, with Stetson Law leading the effort.
Stetson Law faculty, staff, and students drafted the brief, including Interim VLI Director Morgan Zimarakos ’20, VLI Staff Attorney Sydnie Rouleau ’25, VLI Fellow Amber Wilson ’26, and Associate Dean for Academic Affairs and VLI Director Stacey-Rae Simcox.
Supporting the effort with research were University of Illinois Chicago Veterans Law Clinic Staff Attorney Maryam Abidi, UIC ’27 J.D. candidate Kaitlynn Nelson, and Stetson Law’s Matthew Clayton, a 2027 J.D. candidate and current Advanced Veterans Advocacy Clinic student.
Syracuse University’s Betty and Michael D. Wohl Veterans Legal Clinic Attorney Seth Owens and ’27 J.D. candidate Ethan S. Aschman provided edits and necessary review.
For the students who participated, it was an opportunity to gain practical experience working on a case with the potential to transform laws governing veterans’ benefits.
“Having the opportunity to perform research for an amicus brief has been a challenging and valuable experience that has helped me develop my analytical skills,” said Clayton. “I am very grateful to the attorneys at the Veterans Advocacy Clinic, both for their mentorship and for the chance to contribute to this brief.”
Learn more about the Veterans Law Institute and the Veterans Law Clinic.