Supreme Court of the United States · Official docket →
Fenyang Stewart v. Wilbur L. Ross, Secretary of Commerce, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1514 · judgment January 21, 2021
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Questions presented
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Should disability-related interference claims brought pursuant to 42 U.S.C. § 12203(b) be analyzed as retaliation claims susceptible to a burden-shifting, but-for analysis, or should they be analyzed under a broader framework according to the original intent of the statutory text?
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Is the legal standard of review of a Final Decisions of the Merit Systems Protection Board upholding the removal of a Federal Employee, based on an initial decisions that were decided on the papers without a hearing, de novo review, or the “arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law” standard of review?
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Is a district court’s failure to grant a plaintiff discovery on discrimination claims subject to de novo review brought after a final decision from the Merit Systems Protections Board, prior to ruling on a summary judgment motion, a violation of the Fifth Amendment’s guarantee of due process and the property right of continued Federal employment?
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Is a transfer of a Federal employee to a prior identified supervisor who is not a trigger of said employee’s Post-Traumatic Stress Disorder a reasonable accommodation under the Rehabilitation Act?
Counsel of record
For petitioner
Fenyang A. Stewart
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
21A11
Order
Order list, October 4, 2021 · Certiorari denied
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 05 2021Application (21A11) denied by The Chief Justice.
- Jul 26 2021Application (21A11) to recall and stay mandate pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice.
- Jul 21 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 19 2021Waiver of right of respondent Ross, Wilbur L. to respond filed.
- Apr 12 2021Petition for a writ of certiorari filed. (Response due July 22, 2021)