No. 23-861
Nick Feliciano v. Department of Transportation
Tags: active-duty armed-services-reserve differential-pay due-process federal-civilian-employee federal-civilian-employees national-emergency reserve-component statutory-interpretation
Latest Conference:
2024-06-20
(distributed 2 times)
Question Presented (from Petition)
Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency.
Question Presented (AI Summary)
Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency
Docket Entries
2025-06-02
Judgment Issued.
2025-04-30
Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, Kagan, and Jackson, JJ., joined.
2024-12-09
Argued. For petitioner: Andrew T. Tutt, Washington, D. C. For respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2024-12-06
Record received electronically from the Merit Systems Protection Board and available with the Clerk.
2024-10-31
Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
2024-10-28
Reply of petitioner Nick Feliciano filed. (Distributed)
2024-10-22
Record requested from the United States Court of Appeals for the Federal Circuit.
2024-10-22
CIRCULATED
2024-10-18
SET FOR ARGUMENT on Monday, December 9, 2024.
2024-09-27
Brief of respondent Department of Transportation filed.
2024-09-06
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2024-08-26
Amicus brief of Reserve Organization of America submitted.
2024-08-26
Amicus brief of Military-Veterans Advocacy, Inc. submitted.
2024-08-26
Amicus brief of American Federation of Government Employees submitted.
2024-08-26
Amicus brief of Texas, South Carolina, 18 Other States, and the District of Columbia submitted.
2024-08-26
Amicus brief of National Law School Veterans Clinic Consortium submitted.
2024-08-26
Brief amicus curiae of Military-Veterans Advocacy, Inc. filed.
2024-08-26
Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
2024-08-26
Brief amicus curiae of American Federation of Government Employees filed.
2024-08-26
Brief amici curiae of Texas, South Carolina, 19 Other States, and the District of Columbia filed.
2024-08-26
Brief amici curiae of Members of Congress filed.
2024-08-26
Brief amicus curiae of Reserve Organization of America filed.
2024-08-19
Brief of petitioner Nick Feliciano filed.
2024-08-19
Brief of Nick Feliciano submitted.
2024-07-25
Motion to dispense with printing the joint appendix filed by petitioner Nick Feliciano.
2024-07-25
Motion of Nick Feliciano to dispense with joint appendix submitted.
2024-07-09
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 19, 2024. The time to file respondent's brief on the merits is extended to and including September 27, 2024.
2024-07-08
Motion for an extension of time to file the briefs on the merits filed.
2024-07-08
Motion of Nick Feliciano for an extension of time submitted.
2024-06-24
Petition GRANTED.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-24
Reply of petitioner Nick Feliciano filed. (Distributed)
2024-05-13
Brief of respondent Department of Transportation in opposition filed.
2024-05-08
Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
2024-05-07
Motion to extend the time to file a response from May 10, 2024 to May 13, 2024, submitted to The Clerk.
2024-04-04
Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2024.
2024-04-03
Motion to extend the time to file a response from April 12, 2024 to May 10, 2024, submitted to The Clerk.
2024-03-13
Brief amici curiae of Texas, et al. filed.
2024-03-13
Brief amici curiae of Members of Congress filed.
2024-02-26
Brief amicus curiae of Military-Veterans Advocacy, Inc. filed.
2024-02-23
Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2024.
2024-02-22
Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.
2024-02-08
Petition for a writ of certiorari filed. (Response due March 13, 2024)
2024-01-17
Application (23A653) granted by The Chief Justice extending the time to file until February 8, 2024.
2024-01-11
Application (23A653) to extend the time to file a petition for a writ of certiorari from January 25, 2024 to February 8, 2024, submitted to The Chief Justice.
Attorneys
American Federation of Government Employees
Department of Transportation
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Respondent
Sarah M. Harris — Acting Solicitor General, Respondent
Members of Congress
Timothy James Taylor — Holland & Knight, LLP, Amicus
Military-Veterans Advocacy, Inc.
National Law School Veterans Clinic Consortium
Nick Feliciano
Andrew Timothy Tutt — Arnold & Porter Kaye Scholer, Petitioner
Reserve Organization of America
Scott Andrew Felder — Wiley Rein LLP, Amicus
Texas, South Carolina, 18 Other States, and the District of Columbia