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Jason Antoine Brock v. Department of Transportation

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-1133 · judgment September 19, 2023


Certiorari denied · April 1, 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. Whether 5 U.S.C. § 7703(b)(2) is fair in allowing 30‘days for judicial review in comparison to 60-day rule within 5 U.S.C. § 7703(b)(1)(A) and 5 U.S.C. § 7703(b)(1)(B). II. Whether guidance to the EEOC’s Office of Federal Operations is proper in comparison to language within 5 U.S.C. § 7702(b)(1). III. Whether the Federal Circuit was consistent with 28 U.S.C. § 1631 in judicial review when claim of discrimination asserted and not abandoned.

Counsel of record

For petitioner
Jason Antoine Brock

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 20 2024
    Rehearing DENIED.
  2. Apr 30 2024
    DISTRIBUTED for Conference of 5/16/2024.
  3. Apr 22 2024
    Petition for Rehearing filed.
  4. Apr 01 2024
    Petition DENIED.
  5. Mar 12 2024
    DISTRIBUTED for Conference of 3/28/2024.
  6. Mar 06 2024
    Waiver of right of respondent DOT to respond filed.
  7. Dec 15 2023
    Petition for a writ of certiorari filed. (Response due March 22, 2024)