No. 21-915

Hugh McKinney v. Christine Wormuth, Secretary of the Army

Lower Court: District of Columbia
Docketed: 2021-12-21
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure-act agency-action arbitrary-and-capricious civilian-board deference judicial-review military-records standard-of-review
Key Terms:
AdministrativeLaw Securities JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (from Petition)

Whether a civilian board's administrative decisions concerning the correction of military records pursuant to 10 U.S.C. § 1552(a)(1) are properly reviewable subject to an "unusually deferential application" of the arbitrary and capricious standard under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A).

Question Presented (AI Summary)

Whether a civilian board's administrative decisions concerning the correction of military records pursuant to 10 U.S.C. § 1552(a)(1) are properly reviewable subject to an 'unusually deferential application' of the arbitrary and capricious standard under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A)

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-19
Waiver of right of respondent Christine Wormuth, Secretary of the Army to respond filed.
2021-12-17
Petition for a writ of certiorari filed. (Response due January 20, 2022)
2021-10-13
Application (21A73) granted by The Chief Justice extending the time to file until December 17, 2021.
2021-10-08
Application (21A73) to extend the time to file a petition for a writ of certiorari from October 18, 2021 to December 17, 2021, submitted to The Chief Justice.

Attorneys

Christine Wormuth, Secretary of the Army
Elizabeth B. PrelogarSolicitor General, Respondent
Hugh Campbell McKinney
Seth Alain WatkinsWATKINS LAW & ADVOCACY, PLLC, Petitioner