No. 23-192

Aisha Trimble v. Department of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2023-08-29
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-rights due-process federal-employment initial-appointment merit-promotion open-competition preference-eligible statutory-rights veterans-preference
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (from Petition)

1) When a qualified preference eligible seeks initial
appointment under an open competition
announcement, does Congress allow federal agencies
to deny and violate that veteran 's statutory right to
preference if the announcement is also open to status
candidates seeking merit promotion?

2) When a federal agency publishes an open
competition announcement and hires federal
employees they already know, after emailing
instructions to consider them first while naming other
employees to consider irrespective of interviews, does
that prove pre-selection activity, granting of unfair
advantages and denial of a qualified preference
eligible 's right to compete for initial appointment?

3) Under an open competition announcement and
legislation that requires one Certificate to be issued,
does Congress allow federal agencies to issue several
Certificates causing a preference eligible seeking
initial appointment to be segregated, illegally ranked
and denied their statutory right to have extra points
added to their score?

Question Presented (AI Summary)

When a qualified preference eligible seeks initial appointment under an open competition announcement, does Congress allow federal agencies to deny and violate that veteran's statutory right to preference if the announcement is also open to status candidates seeking merit promotion?

Docket Entries

2023-11-20
Rehearing DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-19
2023-10-16
Petition DENIED.
2023-09-27
DISTRIBUTED for Conference of 10/13/2023.
2023-09-18
Waiver of right of respondent Department of Veteran Affairs to respond filed.
2023-08-25
Petition for a writ of certiorari filed. (Response due September 28, 2023)

Attorneys

Aisha Trimble
Aisha Trimble — Petitioner
Department of Veteran Affairs
Elizabeth B. PrelogarSolicitor General, Respondent