No. 24-83

Martin Akerman v. National Guard Bureau

Lower Court: District of Columbia
Docketed: 2024-07-26
Status: Denied
Type: Paid
Response WaivedRelisted (3) Experienced Counsel
Tags: due-process enemy-combatant habeas-corpus military-detention userra whistleblower whistleblower-protection
Latest Conference: 2024-12-06 (distributed 3 times)
Question Presented (from Petition)

1. Does the detention of a tenured civilian federal
employee under the elusive jurisdiction of the
National Guard of Nevada, with false charges and
without regard to statutory safeguards, constitute a
violation of the Due Process Clause of the Fifth
Amendment pursuant to 42 U.S.C. § 2000dd(d),
especially when the employee is detained based on
activities protected under the Uniformed Services
Employment and Reemployment Rights Act
(USERRA)?

2. In cases involving the military detention of civilian
federal employees, what are the boundaries of
habeas corpus protections under 28 U.S.C. § 2241,
and does the denial of these protections to a
non-combatant civilian by military authorities
amount to an unlawful suspension or wrongful
denial of habeas corpus rights?

3. Does the dismissal of a USERRA whistleblower's
legal challenge to an "enemy combatant"
designation, on jurisdictional grounds by the
United States Court of Appeals for the D.C.
Circuit —which holds exclusive jurisdiction over
enemy combatant status determinations —violate
the statutory protections afforded under USERRA
for engaging in protected activities.

Question Presented (AI Summary)

Due-process-violation

Docket Entries

2024-12-09
Application (24A430) denied by the Court.
2024-11-18
Rehearing DENIED.
2024-11-13
Application (24A430) referred to the Court.
2024-11-13
DISTRIBUTED for Conference of 12/6/2024.
2024-11-01
Application (24A430) denied by The Chief Justice.
2024-11-01
Application (24A430) refiled and submitted to Justice Kagan.
2024-10-30
DISTRIBUTED for Conference of 11/15/2024.
2024-10-29
Application (24A430) to suspend the effect of the denial of the petition for a writ of certiorari, submitted to The Chief Justice.
2024-10-09
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-08-14
DISTRIBUTED for Conference of 9/30/2024.
2024-08-06
Waiver of National Guard Bureau of right to respond submitted.
2024-08-06
Waiver of right of respondent National Guard Bureau to respond filed.
2024-07-19
Motion to defer consideration and consolidate filed by petitioner Martin Akerman.
2024-05-25

Attorneys

Martin Akerman
Martin Akerman — Petitioner
National Guard Bureau
Elizabeth B. PrelogarSolicitor General, Respondent