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Kevin J. Barber

Kevin J. Barber is an Assistant to the Solicitor General at the U.S. Department of Justice, arguing cases before the U.S. Supreme Court.

Oct 5, 2026

John RobertsMODERATOR
33:19
Mr. Barber.
33:21
Mr.
33:21
Chief Justice, and may it please the Court, the law entitles petitioner to judicial review, just not in district court.
33:28
Under Section 511(a), petitioner's challenge to the validity of Section 5313 is a question of law that is necessary to a decision under the benefits laws, because the answer to that question dictates whether his benefits under Section 1131 must be reduced.
33:42
511(a) therefore channels his claim to the Veterans' Court and the Federal Circuit.
33:46
Indeed, those courts have already decided the very same constitutional claims, and petitioner concedes that as-applied claims are covered by 511(a), and there's no basis for treating facial claims differently.
33:57
Petitioner resists that straightforward analysis with two main theories.

6 MINS LATER

39:59
Mr. Barber, do you want to address the Article II problem that your friend on the other side says that your interpretation poses?

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