Constance Copeland v. Eric K. Shinseki

In a July 27, 2012, briefing order, issued at my request, the Court ordered the parties to consider 38 U.S.C. § 7261, the Court’s scope of review statute, and submit memoranda of law discussing whether the Court has the power to strike down a *93statute on constitutional grounds. Despite the parties’ agreement that the Court does have such power, and despite the Court’s prior decisions in numerous cases that implicitly presumed, that the Court has such power6 (one of which, I must note with some embarrassment, I authored7), I remain unconvinced that this Court has the power to entertain facial…