The Evergreen State College v. Max Cleland, Administrator, Veterans Administration

In this case, the Veterans’ Administration, Max Cleland, Administrator of the V.A. (hereinafter called the Administrator), and other V.A. officials, defendants-appellants (hereinafter called the V.A. or appellants), appeal from a summary judgment of the United States District Court for the Western District of Washington in favor of Evergreen State College, et al., plaintiffsappellees (hereinafter called appellees), in which the district court held that the V.A. does not have the statutory authority to promulgate Veterans Administration Regulation 14272(D), 38 C.F.R. § 21.4272 (d) (1978); V.A. Regulation 14200(G), 38 C.F.R. § 21.4200 (g) (1978); and Department of Veteran’s Benefits (D.V.B.) Circular 20-77-16, dated Feb. 9, 1977, revised by change 1, Apr. 21, 1977, and enjoined their enforcement. 467 F.Supp. 508 (W.D.Wash.1979). The appellants contend that (1) judicial review of the V.A. regulations is precluded by 38 U.S.C. § 211 (a); and (2) the V.A. has statutory authority to issue the regulations and the circular in question. The appellees argue that the judgment of the district court is correct, and also that the regulations and circular violate their 1st, 5th and 10th…