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Bradley E. Green v. Merit Systems Protection Board

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2024-1615 · judgment August 8, 2025


Certiorari denied · January 12, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the United States Postal Service violated Petitioner’s Due Process Rights pursuant to the Fifth Amendment of the Constitution by terminating Petitioner’s employment, and depriving Petitioner of a protected property interest, without conducting a full, fair and impartial investigation and hearing?

  2. Whether the Merit System Protections Board decision, premised on multiple factual errors, was arbitrary and capricious in violation of 5 U.S.C. §7703 (c)(3), thereby warranting review by this Court?

  3. Whether the Merit System Protections Board abused its discretion by failing to consider and apply all the Alonzo factors in determining whether good cause existed for the appellant’s untimely filing in violation of 5 U.S.C. §7703 (c)(1)?

Counsel of record

For petitioner
Rachel Demarst Gold
Abrams Fensterman, LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 16 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 11 2025
    Waiver of right of respondent Merit Systems Protection Board to respond filed.
  4. Nov 05 2025
    Petition for a writ of certiorari filed. (Response due December 18, 2025)