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In Re William B. Jolley

Paid petition


Certiorari denied · April 15, 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.

Question presented

I Do Merit Systems Protection Board (MSPB) decisions of Veteran and Whistleblower appeals fail for lack of “due process” where 5 C.F.R. f 1201.57(d), states “the Board will not consider matters described at 5 U.S.C. f 7701(c)(2) in an appeal covered by this section.”? II Did the ultra vires act of two individual MSPB Board members creating the so called “Ratification Order” stating, “we today approve these appointments as our own under Article II of the Constitution,” satisfy the Supreme Court requirements for administrative judges as set forth by the Supreme Court in Lucia v. SEC, et. seq. (App.7) III Should 38 U.S.C. ^ 4324 (App.3) be declared unconstitutional because it creates unequal protection of laws for Veterans from that which is provided by 38 U.S.C. f 4323. (App.4)

Counsel of record

For petitioner
William B. Jolley

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
23M49

Proceedings

  1. Apr 15 2024
    Petition DENIED.
  2. Mar 20 2024
    DISTRIBUTED for Conference of 4/12/2024.
  3. Mar 14 2024
    Waiver of right of respondent United States to respond filed.
  4. Feb 20 2024
    Motion (23M89) for leave to proceed as a veteran Granted.
  5. Jan 10 2024
    MOTION (23M89) DISTRIBUTED for Conference of 2/16/2024.
  6. Jan 05 2024
    Motion (23M89) for leave to proceed as a veteran filed.
  7. Jan 05 2024
    Petition for a writ of mandamus and/or prohibition filed. (Response due March 21, 2024)