Supreme Court of the United States · Official docket →
Lynn Brown, as Appointed Successor and Representative of Now Deceased Howard M. Berry v. Christine E. Wormuth, Secretary of the Army, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-5230 · judgment March 31, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a petition filed soon after the judgment below, and a petition citing one or two dissents.
Question presented
Whether the Administrative Procedure Act (“APA”) incorporates a presumption of “unusual deference” in all cases involving the military.
Counsel of record
For petitioner
Lauren M. Burke
Judicial Watch, Inc.
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Aug 03 2022DISTRIBUTED for Conference of 9/28/2022.
- Aug 01 2022Waiver of right of respondent Christine E. Wormuth, et al. to respond filed.
- Aug 01 2022Motion for leave to file amici brief filed by America First Policy Institute, et al. (Distributed)
- Jun 28 2022Petition for a writ of certiorari filed. (Response due August 1, 2022)