No. 23-192

Aisha Trimble v. Department of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2023-08-29
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-rights due-process federal-employment initial-appointment merit-promotion open-competition preference-eligible statutory-rights veterans-preference
Key Terms:
DueProcess
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (AI Summary)

When a qualified preference eligible seeks initial appointment under an open competition announcement, does Congress allow federal agencies to deny and violate that veteran's statutory right to preference if the announcement is also open to status candidates seeking merit promotion?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW , | The questions presented are: | | 1) When a qualified preference eligible seeks initial , appointment under an open _ competition | announcement, does Congress allow federal agencies | to deny and violate that veteran’s statutory right to | preference if the announcement is also open to status , candidates seeking merit promotion? | 2) When a federal agency publishes an open competition announcement and hires federal employees they already know, after emailing | instructions to consider them first while naming other employees to consider irrespective of interviews, does that prove pre-selection activity, granting of unfair | advantages and denial of a qualified preference , eligible’s right to compete for initial appointment? , 3) Under an open competition announcement and legislation that requires one Certificate to be issued, does Congress allow federal agencies to issue several Certificates causing a preference eligible seeking initial appointment to be segregated, illegally ranked | and denied their statutory right to have extra points | added to their score? | | | |

Docket Entries

2023-11-20
Rehearing DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-19
2023-10-16
Petition DENIED.
2023-09-27
DISTRIBUTED for Conference of 10/13/2023.
2023-09-18
Waiver of right of respondent Department of Veteran Affairs to respond filed.
2023-08-25
Petition for a writ of certiorari filed. (Response due September 28, 2023)

Attorneys

Aisha Trimble
Aisha Trimble — Petitioner
Aisha Trimble — Petitioner
Department of Veteran Affairs
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent