[co-author: Stephanie Kozol]*
On April 14, a relatively unprecedented bipartisan coalition of state attorneys general from across the country joined forces to protect the rights of military veterans, which if successful would secure full educational benefits potentially worth billions of dollars for about 1.7 million post-9/11-era veterans and counting. Virginia AG Jason Miyares led the coalition of 33 states and the District of Columbia[1] in filing an amici brief with the U.S. Supreme Court, urging the Court to safeguard veterans’ educational benefits and reaffirm the pro-veteran canon of construction, which traces its roots to the founding of the United States. Troutman Pepper’s State Attorneys General and Appellate + Supreme Court practices played a pivotal role in securing this bipartisan coalition, leveraging the firm’s extensive experience and expertise in handling high-profile legal matters involving state AGs and before the Supreme Court. The veteran is also represented pro bono by Troutman Pepper attorneys Timothy McHugh, Misha Tseytlin, Kevin LeRoy, Abbey Thornhill, and Trey Smith, among others, and David DePippo from Dominion Energy.
The case at hand, Rudisill v. McDonough, revolves around decorated veteran James Rudisill and his fight to obtain full educational benefits under the Post-9/11 GI Bill. Mr. Rudisill, a current FBI agent, has been tirelessly advocating for the Department of Veterans Affairs to rectify the way it calculates veterans’ entitlements to educational benefits. The VA’s flawed methodology has resulted in veterans like Mr. Rudisill being shortchanged on the benefits they rightfully deserve, depriving them of opportunities for higher education and career advancement. Last month, Troutman Pepper attorneys filed a petition for a writ of certiorari in the Supreme Court, asking it to review the en banc decision of the U.S. Court of Appeals for the Federal Circuit in the case.
In the amici brief recently filed by the states, AG Miyares and the bipartisan coalition of state AGs expressed their unwavering support for Mr. Rudisill’s cause, emphasizing the need to correct the VA’s erroneous practices and ensure that veterans receive the full extent of their educational benefits as intended by Congress. Among other things, the states’ brief focuses on the states’ significant interests in ensuring that veterans residing within their jurisdictions receive all federal veterans’ educational benefits to which they are entitled. As AG Miyares explained in his own press release about the case, “Veterans like James Rudisill represent the very best of America and of Virginia. But rather than support his desire to find new ways to lay his life on the line and serve his country, the Federal Circuit took away both James Rudisill and thousands of other post 9/11 veterans’ GI education benefits. Over 700,000 veterans live in the Commonwealth of Virginia. This decision actively hurts veterans’ reentry into civilian life and deprives them of earned benefits.”
Numerous other stakeholders are also closely watching the case joined in by the states veterans’ advocacy groups, a major industry association that relies heavily on hiring of veterans, and affected veterans also filed supporting amici briefs. The case has also been watched closely by the media. Last month alone, the Chicago Sun-Times published an in-depth analysis of Mr. Rudisill and his case by Stephanie Zimmermann, an award-winning investigative reporter who focuses on consumer issues, resulting in the national newspaper’s editorial board call for the Supreme Court to take up the case.
Troutman Pepper’s nationally recognized state AG practice is known for its unparalleled access to and understanding of the shifting regulatory climates in every state AGO in the nation. Combining its strong bipartisan relationships with senior prosecutorial staff of Democratic and Republican AG offices nationwide with a visible presence representing clients at the premier national AG organizations’ conferences, the team builds effective coalitions for the benefit of both their clients and the AGOs.
While sharing unique insights gleaned from their strong AGO relationships with clients to keep them in compliance with the regulatory priorities in each jurisdiction, the team proactively advocates on enforcement issues that directly impact their clients and educates AGOs on behalf of their clients’ pro-consumer protection efforts. One example is the team’s persuasive advocacy on behalf of a major tobacco company in connection with amending the industrywide master settlement agreement.
The group’s respect and esteem among AGOs is further credentialled by its wealth of senior government regulatory experience, which includes three former state solicitors general, a former state AG, four former deputy AGs, a former deputy solicitor general, two former assistant AGs, as well as attorneys with a variety of other governmental backgrounds.
*Senior Government Relations Manager in the State Attorneys General Department.
[1] AG Miyares’ brief was joined by the following states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Idaho, Illinois, Iowa, Kentucky, Louisiana, Massachusetts, Minnesota, Mississippi, Montana, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.
