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Sandra DeMuth v. Small Business Administration, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-1634 · judgment July 7, 2020

Certiorari denied · March 29, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does “shall be made free from any discrimination” prohibit personnel actions where either discrimination and/or retaliation are a factor? Does Title VII ban retaliation in federal employment? It appears that different standards amongst District Courts to apply tests in cases involving discrimination and retaliation. Should this be standardized across the country? Is it constitutional or appropriate to utilize summary judgment in discrimination cases?

Counsel of record

For petitioner
Sandra DeMuth

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 29 2021
    Petition DENIED.
  2. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  3. Mar 03 2021
    Waiver of right of respondents Small Business Administration et al. to respond filed.
  4. Feb 22 2021
    Petition for a writ of certiorari filed. (Response due March 29, 2021)