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Nathan Mowery v. National Geospatial-Intelligence Agency, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-2022 · judgment August 2, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

  1. Whether this Court’s decision in Dep’t of the Navy v. Egan precludes any and all judicial review of agency actions involving employees with security clearances or other credentials, thereby allowing federal agencies to potentially discriminate with no safeguards in place, and deprive those employees of any internal administrative due process or external judicial review regardless of whether the relevant actions involved the exercise of predictive judgment, effectively stripping federal employees of their rights under federal anti-discrimination laws.

Counsel of record

For petitioner
Christina A. Jump
Constitutional Law Center for Muslims in America

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
22A241

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Feb 01 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 11 2023
    Waiver of right of respondent Burns, William J., et al. to respond filed.
  4. Dec 15 2022
    Petition for a writ of certiorari filed. (Response due January 18, 2023)
  5. Sep 20 2022
    Application (22A241) granted by The Chief Justice extending the time to file until December 15, 2022.
  6. Sep 16 2022
    Application (22A241) to extend the time to file a petition for a writ of certiorari from October 31, 2022 to December 15, 2022, submitted to The Chief Justice.