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Aisha Trimble v. Department of Veterans Affairs

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-1306 · judgment June 30, 2023


Certiorari denied · October 16, 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.

Questions presented

The questions presented are:

  1. When a qualified preference eligible seeks initial appointment under an open competition announcement, does Congress allow federal agencies to deny and violate that veteran’s statutory right to preference if the announcement is also open to status candidates seeking merit promotion?

  2. When a federal agency publishes an open competition announcement and hires federal employees they already know, after emailing instructions to consider them first while naming other employees to consider irrespective of interviews, does that prove pre-selection activity, granting of unfair advantages and denial of a qualified preference eligible’s right to compete for initial appointment?

  3. Under an open competition announcement and legislation that requires one Certificate to be issued, does Congress allow federal agencies to issue several Certificates causing a preference eligible seeking initial appointment to be segregated, illegally ranked and denied their statutory right to have extra points added to their score?

Counsel of record

For petitioner
Aisha Trimble

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 20 2023
    Rehearing DENIED.
  2. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  3. Oct 19 2023
  4. Oct 16 2023
    Petition DENIED.
  5. Sep 27 2023
    DISTRIBUTED for Conference of 10/13/2023.
  6. Sep 18 2023
    Waiver of right of respondent Department of Veteran Affairs to respond filed.
  7. Aug 25 2023
    Petition for a writ of certiorari filed. (Response due September 28, 2023)