Oral Argument: Rudisill v. McDonough | Case No. 22-888 | Date Argued: 11/8/23 | Date Decided: 4/16/24

Oral Argument: Rudisill v. McDonough | Case No. 22-888 | Date Argued: 11/8/23 | Date Decided: 4/16/24

Link to Docket: Here.

Question Presented: Whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill, 38 U.S.C. § 3001 et seq., and under the Post-9/11 GI Bill, 38 U.S.C. § 3301 et seq., is entitled to receive a total of 48 months of education benefits as between both programs, without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit.

Holding: Service members who, through separate periods of service, accrue educational benefits under both the Montgomery and Post-9/11 GI Bills may use either one, in any order, up to 38 U.S.C. § 3695(a)'s 48-month aggregate-benefits cap.

Result: Reversed and remanded.

Voting Breakdown: 7-2. Justice Jackson delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett joined. Justice Kavanaugh filed a concurring opinion, in which Justice Barrett joined. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: For Petitioner: Misha Tseytlin, Chicago, Ill.
• For Respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D.C.