Supreme Court suggests VA case may be “moot”

The Supreme Court case on the Veterans Affairs Department’s obligations to service-disabled veteran contractors has taken a surprising turn.

Previously, the court was preparing to hear oral arguments in a petition brought by Kingdomware Technologies Inc., which asserts that the VA has not fully complied with a 2006 law compelling it to prioritize contracting with service-disabled veterans.

However, on Nov. 4, the court canceled the upcoming hearing and issued an order instructing the lawyers involved to file new briefs on whether the case has become “moot.” If the court deems the case to be moot, then the court will dismiss the case.

Generally, if a legal question is considered moot, that means it has little or no relevance or significance.

The new briefs are due on Nov.20, and each side may reply to the other side’s brief by Dec. 1.

Under the court’s new order, the court asked whether the disputed contracts in the case have been “fully performed,” and if so, whether the case is “moot,” according to a report by SCOTUS Blog (http://goo.gl/16VJt2).

If the court judges the case to be moot, then the Kingdomware case would be dismissed and the decision of the U.S. Court of Appeals for the Federal Circuit would stand. That court upheld the VA’s position.

If the court decides the case is not moot, then oral arguments likely will be rescheduled for February, according to SCOTUS Blog.

EXTRA - Read an analysis on the Kingdomware case from PilieroMazza PLLC.

More information: See Set-Aside Alert edition of Nov. 6, 2015

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Column: Kingdomware vs. the Veterans Affairs Department Supreme Court case to be dismissed?

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