|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-1400||Fed. Cir.||N/A||N/A||N/A||N/A||OT 2017|
Issues: (1) Whether the Uniformed Services Employment and Reemployment Rights Act specifically provides authority to the Merit Systems Protection Board to inquire as to the existence of a discriminatory pretext in the revocation of an employee's security clearance; (2) whether, where the employee alleges the revocation of the security clearance is for a discriminatory pretext, the inquiry as to the existence of this discriminatory pretext improperly intrudes upon the “merits” of the Executive's security clearance determination; and (3) whether the Merit Systems Protection Board can then provide a remedy under the Uniformed Services Employment and Reemployment Rights Act to an employee whose security clearance was revoked in violation of the Act.
|Date||Proceedings and Orders |
|May 24 2017||Petition for a writ of certiorari filed. (Response due June 23, 2017)|
|Jun 26 2017||Order extending time to file response to petition to and including July 24, 2017.|
|Jul 24 2017||Brief of respondent Department of the Navy in opposition filed.|
|Aug 09 2017||DISTRIBUTED for Conference of 9/25/2017.|
|Oct 02 2017||Petition DENIED.|
On a special episode of SCOTUStalk: @AHoweBlogger and @TomGoldsteinSB discuss Breyer's retirement and preview the process of selecting his successor.
Listen on your podcast platform of choice, or right here: https://www.scotusblog.com/2022/01/the-retirement-of-stephen-breyer/
A SPECIAL episode of SCOTUStalk out today: On the man of the moment
The retirement of Stephen Breyer https://www.scotusblog.com/2022/01/the-retirement-of-stephen-breyer/
Alabama executed Matthew Reeves by lethal injection a few hours after SCOTUS, in a 5-4 vote, dissolved a lower-court ruling that said Reeves had a right to select nitrogen gas as his method of execution. Our coverage of the decision, from @ellena_erskine:
Court green-lights Alabama execution in 5-4 ruling that reverses two lower courts - SCOTUSblog
A divided Supreme Court on Thursday evening allowed Alabama to execute a man who argued that the state had faile...
#SCOTUS grants Alabama's request to allow execution of Matthew Reeves to go forward. Justice Amy Coney Barrett indicates that she would have denied the state's request; Justice Elena Kagan dissents, joined by Breyer & Sotomayor. Order & dissent are here: https://www.supremecourt.gov/opinions/21pdf/21a372_5436.pdf
In remarks at the White House, Biden calls Breyer a beacon of wisdom on the Constitution and reiterates his commitment to select a Black woman to succeed him. Biden says he intends to nominate a successor by the end of February.
Breyer makes it official: He tells President Biden in a letter that his retirement will take effect at the end of the current term, assuming his successor has been confirmed by then.