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Walton B. Campbell v. Ryan D. McCarthy, Secretary of the Army

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1890 · judgment March 5, 2020

Certiorari denied · November 23, 2020

Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below.

Question presented

Whether the Court of Appeals for the Fourth Circuit correctly held, contrary to decisions of the D.C., Third, Ninth, and Tenth Circuits, that this Court’s decision in Department of the Navy v. Egan, 484 U.S. 518 (1988), barred Petitioner’s claims of discrimination and retaliation when, while his security clearance was being reviewed, Respondent refused to assign him to a position requiring no classified duties.

Counsel of record

For petitioner
Nina Yuanyuan Ren
Kalijarvi, Chuzi, Newman & Fitch, P.C.

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

Nov 23 2020
Motion for leave to file amici brief filed by National Security Legal Academics GRANTED.
Nov 23 2020
Petition DENIED.
Nov 04 2020
DISTRIBUTED for Conference of 11/20/2020.
Nov 03 2020
Motion for leave to file amici brief filed by National Security Legal Academics. (Distributed)
Nov 02 2020
Waiver of right of respondent Ryan D. McCarthy to respond filed.
Oct 01 2020
Petition for a writ of certiorari filed. (Response due November 5, 2020)