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Aisha Trimble v. Department of Veterans Affairs

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-1307 · judgment June 30, 2023


Certiorari denied · January 8, 2024
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 federal agencies take adverse actions causing denial of initial appointment, and purposefully use software settings and hiring processes that undermine and violate veterans preference laws relative to initial employment, are their willful infringements of a qualified veteran’s rights motivated by hatred of military service?

  2. Does Congress require an initial appointment to be granted to a qualified preference eligible after a federal agency violates that veteran’s preference rights, denies them initial appointment and illegally steals the job from that veteran to appoint, promote, transfer, reassign or reinstate a non-preference eligible or non-veteran under the vacancy due to hostility against military service that inspired legislation for veterans’ preference?

  3. When federal employees adjudicate veterans preference and initial employment discrimination matters, and ignore hiring misconduct to rule in favor of the law violators, do their decided actions prove hostility towards military service and an intent to work in the best interest of the violators?

Counsel of record

For petitioner
Aisha Trimble

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
23M28

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Nov 29 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Nov 20 2023
    Waiver of right of respondent Department of Veterans Affairs to respond filed.
  4. Oct 30 2023
    Motion (23M28) for leave to proceed as a veteran Granted.
  5. Oct 04 2023
    MOTION (23M28) DISTRIBUTED for Conference of 10/27/2023.
  6. Sep 25 2023
    Motion (23M28) for leave to proceed as a veteran filed.
  7. Sep 25 2023
    Petition for a writ of certiorari filed. (Response due November 29, 2023)