No. 23-868

Charles Flynn v. Department of State

Lower Court: Federal Circuit
Docketed: 2024-02-12
Status: GVR
Type: Paid
Amici (1)Relisted (3) Experienced Counsel
Tags: active-duty civil-service civilian-employee differential-pay federal-employment national-emergency statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities
Latest Conference: 2025-05-15 (distributed 3 times)
Question Presented (AI Summary)

Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency. (I)

Docket Entries

2025-06-20
Judgment Issued.
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2025-05-19
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Feliciano</i> v. <i>Department of Transportation</i>, 605 U. S. ___ (2025).
2025-05-12
DISTRIBUTED for Conference of 5/15/2025.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-24
Reply of petitioner Charles Flynn filed. (Distributed)
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2024-05-13
Brief of respondent Department of State in opposition filed.
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2024-05-08
Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
2024-05-07
Motion to extend the time to file a response from May 10, 2024 to May 13, 2024, submitted to The Clerk.
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2024-04-04
Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2024.
2024-04-03
Motion to extend the time to file a response from April 12, 2024 to May 10, 2024, submitted to The Clerk.
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2024-02-26
Brief amicus curiae of Military-Veterans Advocacy, Inc. filed.
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2024-02-23
Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2024.
2024-02-22
Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.
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2024-02-08
Petition for a writ of certiorari filed. (Response due March 13, 2024)
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2024-01-22
Application (23A666) granted by The Chief Justice extending the time to file until February 13, 2024.
2024-01-17
Application (23A666) to extend the time to file a petition for a writ of certiorari from January 30, 2024 to February 13, 2024, submitted to The Chief Justice.
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Attorneys

Charles Flynn
Andrew Timothy Tutt — Arnold & Porter Kaye Scholer, Petitioner
Andrew Timothy Tutt — Arnold & Porter Kaye Scholer, Petitioner
Dept. of State
D. John Sauer — Solicitor General, Respondent
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Respondent
Sarah M. Harris — Acting Solicitor General, Respondent
Military-Veterans Advocacy, Inc.
Melanie Lynn Bostwick — Orrick, Herrington & Sutcliffe LLP, Amicus
Melanie Lynn Bostwick — Orrick, Herrington & Sutcliffe LLP, Amicus
Reserve Organization of America
Scott Andrew Felder — Wiley Rein LLP, Amicus
Scott Andrew Felder — Wiley Rein LLP, Amicus