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
Certiorari denied · October 3, 2022
Pre-decision estimate: 12% cert probability (95% interval 8%–18%)
Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
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
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)