No. 24-83

Martin Akerman v. National Guard Bureau

Lower Court: District of Columbia
Docketed: 2024-07-26
Status: Denied
Type: Paid
Response WaivedRelisted (3) Experienced Counsel
Tags: due-process enemy-combatant habeas-corpus military-detention userra whistleblower whistleblower-protection
Key Terms:
ERISA SocialSecurity DueProcess FirstAmendment HabeasCorpus
Latest Conference: 2024-12-06 (distributed 3 times)
Question Presented (AI Summary)

Due-process-violation

Question Presented (OCR Extract)

QUESTIONS PRESENTED ) 1. Does the detention of a tenured civilian federal employee under the elusive jurisdiction of the National Guard of Nevada, with false charges and without regard to statutory safeguards, constitute a violation of the Due Process Clause of the Fifth Amendment pursuant to 42 U.S.C. § 2000dd(d), especially when the employee is detained based on activities protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA)? 2. In cases involving the military detention of civilian federal employees, what are the boundaries of habeas corpus protections under 28 U.S.C. § 2241, and does the denial of these protections to a non-combatant civilian by military authorities amount to an unlawful suspension or wrongful denial of habeas corpus rights? 3. Does the dismissal of a USERRA whistleblower's legal challenge to an "enemy combatant" designation, on jurisdictional grounds by the ~ United States Court of Appeals for the D.C. Circuit—which holds exclusive jurisdiction over enemy combatant status ; the statutory protections afforded under USERRA for engaging in protected activities. ; ii . TIMELINESS ; This resubmission contains a concise statement of ‘ the case, Rule 14.1(g), and is submitted to the Supreme Court of the United States in corrected form within 60 days of the date of the May 29, 2024 (Rule 14.5), as outlined in the July 9, 2024, letter from the : Clerk of the Court. Additionally, this resubmission contains a of all related orders in the

Docket Entries

2024-12-09
Application (24A430) denied by the Court.
2024-11-18
Rehearing DENIED.
2024-11-13
Application (24A430) referred to the Court.
2024-11-13
DISTRIBUTED for Conference of 12/6/2024.
2024-11-01
Application (24A430) denied by The Chief Justice.
2024-11-01
Application (24A430) refiled and submitted to Justice Kagan.
2024-10-30
DISTRIBUTED for Conference of 11/15/2024.
2024-10-29
Application (24A430) to suspend the effect of the denial of the petition for a writ of certiorari, submitted to The Chief Justice.
2024-10-09
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-08-14
DISTRIBUTED for Conference of 9/30/2024.
2024-08-06
Waiver of National Guard Bureau of right to respond submitted.
2024-08-06
Waiver of right of respondent National Guard Bureau to respond filed.
2024-07-19
Motion to defer consideration and consolidate filed by petitioner Martin Akerman.
2024-05-25

Attorneys

Martin Akerman
Martin Akerman — Petitioner
Martin Akerman — Petitioner
National Guard Bureau
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent