U.S. Supreme Court agrees to hear veteran's benefits challenge

Johnson filed a lawsuit against the U.S. Congress, arguing the law that reduced his benefits violated the equal protection component of the Fifth Amendment. Lower courts denied Johnson's lawsuit against Congress.

The lower court judges said Johnson's claims should be adjudicated in the traditional administrative process provided by the Veteran's Judicial Review Act, which provides exclusive review for benefit's challenges. 

"Congress has not waived sovereign immunity for constitutional challenges," the Florids District Court wrote. "So Johnson cannot sue Congress."

Johnson argued that the traditional avenue to appeal certain claims lies within the court system. He said the traditional veteran's review process cannot settle claims against the constitutionality of his case. 

"This Court should leave in place the conventional process of constitutional adjudication, which begins in the district courts," lawyers for Johnson wrote. "Cases that enter the [Veteran's Judidical Review Act's] administrative process may languish at nearly every stage, as veterans find themselves 'trapped for years in a bureaucratic labyrinth, plagued by delays and inaction.'"

The U.S. Supreme Court will likely hear arguments in Johnson v. United States Congress in the fall. The high court is be expected to issue a decision by June 2027.