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Martin Akerman v. National Guard Bureau

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-1268 · judgment March 25, 2024


Certiorari denied · October 7, 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

  1. Does the detention of a tenured civilian federal employee under the elusive jurisdiction of the National Guard of Nevada, with false charges and without regard to statutory safeguards, constitute a violation of the Due Process Clause of the Fifth Amendment pursuant to 42 U.S.C. § 2000dd(d), especially when the employee is detained based on activities protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

  2. In cases involving the military detention of civilian federal employees, what are the boundaries of habeas corpus protections under 28 U.S.C. § 2241, and does the denial of these protections to a non-combatant civilian by military authorities amount to an unlawful suspension or wrongful denial of habeas corpus rights?

  3. Does the dismissal of a USERRA whistleblower's legal challenge to an "enemy combatant" designation, on jurisdictional grounds by the United States Court of Appeals for the D.C. Circuit—which holds exclusive jurisdiction over enemy combatant status determinations—violate the statutory protections afforded under USERRA for engaging in protected activities.

Counsel of record

For petitioner
Martin Akerman

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 3 conferences

Linked docket
24A430

Proceedings

  1. Dec 09 2024
    Application (24A430) denied by the Court.
  2. Nov 18 2024
    Rehearing DENIED.
  3. Nov 13 2024
    Application (24A430) referred to the Court.
  4. Nov 13 2024
    DISTRIBUTED for Conference of 12/6/2024.
  5. Nov 01 2024
    Application (24A430) denied by The Chief Justice.
  6. Nov 01 2024
    Application (24A430) refiled and submitted to Justice Kagan.
  7. Oct 30 2024
    DISTRIBUTED for Conference of 11/15/2024.
  8. Oct 29 2024
    Application (24A430) to suspend the effect of the denial of the petition for a writ of certiorari, submitted to The Chief Justice.
  9. Oct 09 2024
    Petition for Rehearing filed.
  10. Oct 07 2024
    Petition DENIED.
  11. Aug 14 2024
    DISTRIBUTED for Conference of 9/30/2024.
  12. Aug 06 2024
    Waiver of right of respondent National Guard Bureau to respond filed.
  13. Jul 19 2024
    Motion to defer consideration and consolidate filed by petitioner Martin Akerman.
  14. May 25 2024
    Petition for a writ of certiorari filed. (Response due August 26, 2024)