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Delton York v. Scott Kupor, Director, Office of Personnel Management
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-50770 · judgment June 4, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Assuming the petitioner established a prima facie case of employment discrimination, if the respondent offers evidence of a neutral reason for its refusal to promote, should the court give controlling weight that reason despite the petitioner’s evidence disputing that reason, including evidence of racial animus related to the decisional process, to ultimately determine that there is no dispute of material fact and thereupon affirm a grant of summary judgment under Federal Rule of Civil Procedure 56(c)?
Counsel of record
For petitioner
Delton York
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 24 2025Petition DENIED.
- Nov 05 2025DISTRIBUTED for Conference of 11/21/2025.
- Oct 30 2025Waiver of right of respondent Scott Kupor, Director, Office of Personnel Management to respond filed.
- Sep 02 2025Petition for a writ of certiorari filed. (Response due November 3, 2025)