Supreme Court of the United States · Official docket →
Cotty O'Leary v. Office of Personnel Management, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 16-2477 · judgment September 6, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Court should grant certiorari, vacate the judgment below, and remand (GVR) so that the Federal Circuit may decide this case in light of the Court’s forthcoming decision in Lucia v. SEC, No. 17- 130 (U.S.), on whether administrative law judges (ALJs) must be appointed in accordance with the Constitution’s Appointments Clause.
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Whether 5 C.F.R. §§ 332.404, .405 establish a non-delegable duty that requires a federal agency’s appointing officer to personally review an ALJ candidate’s merit and fitness before the agency may remove that candidate from future consideration for ALJ hiring under § 332.405 (the rule-of-three).
Counsel of record
For petitioner
Mahesha Padmanabhan Subbaraman
Subbaraman PLLC
For respondent
Noel John Francisco
Jones Day
Proceedings
- Aug 06 2018Rehearing DENIED.
- Jul 24 2018Letter of July 19, 2018, received from counsel for the petitioner. (Distributed)
- Jul 12 2018DISTRIBUTED.
- Jun 29 2018Petition for Rehearing filed.
- Jun 04 2018Petition DENIED.
- May 15 2018DISTRIBUTED for Conference of 5/31/2018.
- May 08 2018Waiver of right of respondents Office of Personnel Management, et al. to respond filed.
- Apr 12 2018Petition for a writ of certiorari filed. (Response due May 16, 2018)
- Feb 15 2018Application (17A869) granted by The Chief Justice extending the time to file until April 12, 2018.
- Feb 12 2018Application (17A869) to extend the time to file a petition for a writ of certiorari from February 26, 2018 to April 12, 2018, submitted to The Chief Justice.