August 23, 2023 - OAKLAND — As part of a bipartisan coalition of 42 attorneys general, California Attorney General Rob Bonta on Tuesday announced filing an amicus brief in the U.S. Supreme Court in support of a U.S. veteran’s attempt to access the full 48 months of educational benefits under the GI Bill that he had earned through his service as both an Army officer and an enlisted solider. The veteran, FBI Agent James R. Rudisill, served multiple tours of duty in Afghanistan and Iraq, was injured, received the Bronze Star, and planned to use his GI Bill benefits to attend Yale Divinity School so that he could continue to serve his country as an Army chaplain. However, the U.S. Department of Veterans Affairs (VA) denied him a year of his hard-earned education benefits.  

On August 15, 2019, the U.S. Court of Appeals for Veterans Claims sided with Mr. Rudisill, finding that the U.S. Department of Veterans Affairs was wrong to limit Mr. Rudisill and veterans like him to only 36 months of education benefits. The U.S. Court of Appeals for the Federal Circuit initially affirmed the lower court's decision but then reversed based on a second review. On April 14, 2023, Attorney General Bonta joined a bipartisan coalition of attorneys general in filing an amicus brief in the U.S. Supreme Court at the cert stage, asking the Court to review the Federal Circuit's decision. On June 26, 2023, the U.S. Supreme Court accepted the case and today's amicus brief is on the merits of Mr. Rudisill's arguments. 

“This is the second action we've taken in support of Mr. Rudisill, and we are proud of it. Veterans like him selflessly dedicate their lives to serving our country. We should not be turning our backs on them now, or ever," said Attorney General Bonta. "Our coalition of attorneys general strongly believes that Mr. Rudisill is entitled to the full 48 months of educational benefits that he earned through his service — not 36 months." 

In the amicus brief, the attorneys general: 

• Support Mr. Rudisill’s argument that veterans like him — who served two separate terms of military service that qualify them for both the Montgomery GI Bill and the Post-9/11 GI Bill — are entitled to receive education benefits under both of these GI Bill programs. 
• Explain that states’ veteran citizens rely on federal programs such as the GI Bill to transition successfully back to civilian life, and states in turn rely on the GI Bill and other federal benefits as a complement to the state benefits they provide veterans. Accordingly, the reduced access to GI Bill benefits that would result if the lower court’s decision stands would harm states and their veteran citizens.
• Argue that the lower court’s refusal to apply the "pro-veteran canon" in interpreting GI Bill statutory provisions was in error and such disregard of the canon would prejudice veterans in accessing other benefits to which they are entitled by law. The "pro-veteran canon" instructs courts to interpret any ambiguity in federal laws concerning veterans benefits in favor of veterans. 

California is home to approximately 1.6 million veterans, who are entitled to access various programs in areas such as housing and disability benefits access, including those offered by the California Department of Veterans Affairs. In 2021, 513,600 of the state’s veterans, or 37.8 percent, held a bachelor’s degree or higher, including 321,300 with a bachelor’s degree, 142,500 with a master’s, 26,000 with a professional degree (M.D., D.D.S.), and 23,800 with a doctorate (Ph.D.). 

Attorney General Bonta is committed to protecting service members, veterans, and their families. On August 9, 2023, he sent a letter to Congress expressing his support for bipartisan federal legislation that aims to protect veterans from financial exploitation. On August 4, 2023, he reminded California veterans who were exposed to dangerous toxins in the course of their service to submit a claim for U.S. Department of Veterans Affairs benefits, or notify the VA of their intent to file to obtain benefits under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. On July 26, 2023, he joined a bipartisan coalition of 24 attorneys general in submitting a letter to Congress in support of H.R. 1255, the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023. 

In the amicus brief, Attorney General Bonta joins the attorneys general of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, Virginia, West Virginia, Wisconsin, Wyoming, the District of Columbia, and the Northern Mariana Islands. 

A copy of the amicus brief can be found here.
Source: CA. DOJ