Case: 20-1321 Document: 87 Page: 1 Filed: 09/15/2020
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
NATIONAL ORGANIZATION OF VETERANS'
ADVOCATES, INC.,
Petitioner
v.
SECRETARY OF VETERANS AFFAIRS,
Respondent
______________________
2020-1321
______________________
Petition for review pursuant to 38 U.S.C. Section 502.
______________________
PER CURIAM.
ORDER
The parties are requested to file supplemental briefs
before oral argument addressing the following questions
related to National Organization of Veterans’ Advocates’
(NOVA) Article III standing:
(1) Are the allegations of the Petition sufficient to es-
tablish standing, even without any evidence from
NOVA, given that the Secretary does not challenge
standing, or must NOVA submit evidence to estab-
lish Article III standing, see Phigenix, Inc. v. Immu-
nogen, Inc., 845 F.3d 1168, 1171–73 (Fed. Cir.
Case: 20-1321 Document: 87 Page: 2 Filed: 09/15/2020
2 NOVA v. SECRETARY OF VETERANS AFFAIRS
2017); Shrimpers & Fishermen of RGV v. Texas
Commission on Environmental Quality, 968 F.3d
419, 423–24 (5th Cir. 2020) (citing cases from six
other circuits)?
(2) Is there evidence that, at the time of the Petition,
NOVA had members with standing to challenge the
provisions at issue?
(3) Does NOVA have standing on any basis apart from
having had members who would have had standing
to challenge the provisions at issue?
IT IS ORDERED THAT:
Each party shall submit a brief, not to exceed 15 pages,
along with any evidence (not subject to the page limit), in
accordance with this Order. NOVA’s filing is due by
5:00 p.m. on September 22, 2020. The Secretary’s respon-
sive filing is due by 5:00 p.m. on September 29, 2020.
NOVA may submit a reply brief, not to exceed 5 pages, by
5:00 p.m. on October 2, 2020.
If NOVA chooses to make evidentiary submissions, for
example, in the form of a declaration, the court will deem
the submissions to be timely.
The court requires 24 paper copies of the supplemental
briefs provided by the filer within 2 business days from the
date of electronic filing of the document. Administrative
Order No. 20-01 does not exempt the filing of these paper
copies.
FOR THE COURT
September 15, 2020 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court