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Virgil M. Lorenzo v. Lloyd J. Austin, III, Secretary of Defense

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-56381 · judgment November 4, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In Title VII cases alleging discrimination based on national origin, does the reliance of federal courts on subjective judgments concerning the communicative competence of the plaintiff constitute an unreasonable obstacle to successful litigation of these claims, and if so, must a procedure for establishing communicative competence in such cases be instituted, which ensures its determination turns on objective evidence?

Counsel of record

For petitioner
Randy Perry Baker
Randy Baker, Attorney at Law

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
22A779

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jun 14 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jun 07 2023
    Waiver of right of respondent Austin III, Lloyd to respond filed.
  4. May 15 2023
    Petition for a writ of certiorari filed. (Response due June 16, 2023)
  5. Mar 03 2023
    Application (22A779) granted by Justice Kagan extending the time to file until May 14, 2023.
  6. Feb 28 2023
    Application (22A779) to extend the time to file a petition for a writ of certiorari from March 15, 2023 to May 14, 2023, submitted to Justice Kagan.