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Michael S. Zummer v. Jeffrey S. Sallet, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-30219 · judgment June 15, 2022


Certiorari denied · March 20, 2023
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

Whether a federal district court has jurisdiction to hear colorable constitutional claims by federal employees related to their employment—in this instance a First Amendment case seeking reinstatement and back pay regarding the revocation of an FBI agent’s security clearance and resulting removal for reporting unclassified concerns about prosecutorial misconduct to a federal judge in a case pending before the judge—when the Civil Service Reform Act (“CSRA”) provides no means to review those constitutional claims, leaving the federal court as the only possible forum for judicial review.

Counsel of record

For petitioner
Michael Stuart Zummer
Accountability FBI, Inc.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 20 2023
    Petition DENIED.
  2. Mar 01 2023
    DISTRIBUTED for Conference of 3/17/2023.
  3. Feb 24 2023
    Reply of petitioner Michael Zummer filed.
  4. Feb 10 2023
    Brief of respondent United States in opposition filed.
  5. Jan 04 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including February 10, 2023.
  6. Jan 03 2023
    Motion to extend the time to file a response from January 11, 2023 to February 10, 2023, submitted to The Clerk.
  7. Nov 18 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2023.
  8. Nov 17 2022
    Motion to extend the time to file a response from December 12, 2022 to January 11, 2023, submitted to The Clerk.
  9. Nov 07 2022
    Petition for a writ of certiorari filed. (Response due December 12, 2022)