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Robert Pilchman v. National Labor Relations Board, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-1697 · judgment December 18, 2020


Certiorari denied · October 4, 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

PREFACE Petitioner is Robert Pilchman (Pro Se); I reside in the Eastern District of New York. I am requesting reasonable accommodation from the Court; in or around January 2013,1 was diagnosed as having bipolar disorder - prior to that I was diagnosed as having Obsessive Compulsive Disorder with panic attacks. I am including medical documentation (-Appendix F; please also see Appendix E). QUESTIONS PRESENTED 1. Whether a government agency like the National Labor Relations Board has absolute discretion in all of its non-enforcement decisions and thus such decisions are never subject to judicial review (as the 2nd Circuit has just affirmed in my situation) or that there is not absolute discretion in every non-enforcement decision and thus it is possible that there would be exceptions, such as in my situation, in which there is judicial review, as the

Counsel of record

For petitioner
Robert Pilchman

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
21A75

Proceedings

  1. Dec 06 2021
    Rehearing DENIED.
  2. Nov 09 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Oct 29 2021
  4. Oct 15 2021
    Application (21A75) to file petition for rehearing in excess of word limits granted by Justice Sotomayor. The petition for rehearing may not exceed 6,000 words.
  5. Oct 06 2021
    Application (21A75) to file petition for rehearing in excess of word limits, submitted to Justice Sotomayor.
  6. Oct 04 2021
    Petition DENIED.
  7. Sep 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  8. Aug 31 2021
    Waiver of right of respondent National Labor Relations Board to respond filed.
  9. Aug 16 2021
    Waiver of right of respondent New York State Respondents to respond filed.
  10. Jun 02 2021
    Petition for a writ of certiorari filed. (Response due September 1, 2021)