Supreme Court of the United States · Official docket →
Michael Faris v. Department of the Air Force
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1561 · judgment September 22, 2022
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Questions presented
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Are federal employees considered a “person” for the purposes of USERRA and thereby entitled to the Rights and Benefits guaranteed to “any person” by Chapter 43 of Title 38 U.S. Code.
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What are the characteristics of a leave of absence that may be considered in determining “comparability” between a leave of absence for service to the uniformed services and other leaves of absence, particularly for determination of benefits (and employee costs of benefits) that should be provided?
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Did Congress mean what they said, through plain language, in 38 U.S.C. § 4318(a)(1), that a right provided under any Federal law governing pension benefits for governmental employees shall be determined by that section (unless precluded by 38 U.S.C. § 4302(a) because the other law provides greater rights or benefits)?
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Are all periods of uniformed service while in a status included in the definition of “service to the uniformed services” at 38 U.S.C. § 4303(13) eligible for the pension rights and benefits under USERRA?
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Should a Court of Appeals be authorized to reframe a contention in the public opinion in a manner that conceals the actual complaint and the law on which a contention is based?
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Where does the burden of proof lie in a USERRA case brought forward against a federal government agency under 38 U.S.C. § 4312-4318?
Counsel of record
For petitioner
Michael Faris
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Linked docket
22M72
Order
Order list, April 3, 2023 · Certiorari denied
Proceedings
- Apr 03 2023Petition DENIED.
- Mar 15 2023DISTRIBUTED for Conference of 3/31/2023.
- Mar 13 2023Waiver of right of respondent Department of the Air Force to respond filed.
- Feb 21 2023Motion (22M72) for leave to proceed as a veteran Granted.
- Feb 01 2023MOTiON (22M72) DISTRIBUTED for Conference of 2/17/2023.
- Jan 23 2023Motion (22M72) for leave to proceed as a veteran filed.
- Jan 23 2023Petition for a writ of certiorari filed. (Response due March 23, 2023)