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Docket for 23-861
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Search documents in this case:
No. 23-861
 
Title: Nick Feliciano, Petitioner
v.
Department of Transportation
Docketed: February 12, 2024
Linked with: 23A653
Lower Ct: United States Court of Appeals for the Federal Circuit
   Case Numbers: (2022-1219)
   Decision Date: May 15, 2023
   Rehearing Denied: October 27, 2023
Questions Presented
 
Proceedings and Orders
Jan 11 2024 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.
Main Document Lower Court Orders/Opinions Proof of Service
Jan 17 2024 Application (23A653) granted by The Chief Justice extending the time to file until February 8, 2024.
Feb 08 2024 Petition for a writ of certiorari filed. (Response due March 13, 2024)
Petition Appendix Certificate of Word Count Proof of Service
Feb 22 2024 Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.
Main Document
Feb 23 2024 Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2024.
Feb 26 2024 Brief amicus curiae of Military-Veterans Advocacy, Inc. filed.
Main Document Proof of Service Certificate of Word Count
Feb 26 2024 Brief amicus curiae of Reserve Organization of America filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Mar 13 2024 Brief amici curiae of Members of Congress filed.
Main Document Certificate of Word Count Proof of Service
Mar 13 2024 Brief amici curiae of Texas, et al. filed.
Main Document Proof of Service Certificate of Word Count
Apr 03 2024 Motion to extend the time to file a response from April 12, 2024 to May 10, 2024, submitted to The Clerk.
Main Document
Apr 04 2024 Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2024.
May 07 2024 Motion to extend the time to file a response from May 10, 2024 to May 13, 2024, submitted to The Clerk.
Main Document
May 08 2024 Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
May 13 2024 Brief of respondent Department of Transportation in opposition filed.
Main Document Proof of Service
May 24 2024 Reply of petitioner Nick Feliciano filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
May 28 2024 DISTRIBUTED for Conference of 6/13/2024.
Jun 17 2024 DISTRIBUTED for Conference of 6/20/2024.
Jun 24 2024 Petition GRANTED.
Jul 08 2024 Motion for an extension of time to file the briefs on the merits filed.
Main Document
Jul 09 2024 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.
Jul 25 2024 Motion to dispense with printing the joint appendix filed by petitioner Nick Feliciano.
Main Document Proof of Service
Aug 19 2024 Brief of petitioner Nick Feliciano filed.
Main Document Certificate of Word Count Proof of Service
Aug 26 2024 Brief amicus curiae of Military-Veterans Advocacy, Inc. filed.
Main Document Certificate of Word Count Proof of Service
Aug 26 2024 Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Main Document Certificate of Word Count Proof of Service
Aug 26 2024 Brief amicus curiae of American Federation of Government Employees filed.
Main Document Certificate of Word Count Proof of Service
Aug 26 2024 Brief amici curiae of Texas, South Carolina, 19 Other States, and the District of Columbia filed.
Main Document Certificate of Word Count Proof of Service
Aug 26 2024 Brief amici curiae of Members of Congress filed.
Main Document Proof of Service Certificate of Word Count
Aug 26 2024 Brief amicus curiae of Reserve Organization of America filed.
Main Document Certificate of Word Count Proof of Service
Sep 06 2024 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 27 2024 Brief of respondent Department of Transportation filed.
Main Document Proof of Service
Oct 18 2024 SET FOR ARGUMENT on Monday, December 9, 2024.
Oct 22 2024 Record requested from the United States Court of Appeals for the Federal Circuit.
Oct 22 2024 CIRCULATED
Oct 28 2024 Reply of petitioner Nick Feliciano filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 31 2024 Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
Dec 06 2024 Record received electronically from the Merit Systems Protection Board and available with the Clerk.
Dec 09 2024 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.
Apr 30 2025 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.
Jun 02 2025 Judgment Issued.
Main Document
Attorneys
Attorneys for Petitioners
Andrew Timothy Tutt
Counsel of Record
Arnold & Porter Kaye Scholer
601 Massachusetts Avenue, NW
Washington, DC 20001
ANDREW.TUTT@ARNOLDPORTER.COM
Ph: 202-942-5000
Party name: Nick Feliciano


Attorneys for Respondents
D. John Sauer
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Department of Transportation


Other Attorneys
Katie Marie Becker
Counsel of Record
University of Missouri Veterans Clinic
120 Hulston Hall
Columbia, MO 65211
Kbhhb@missouri.edu
Ph: 5738826883
Party name: National Law School Veterans Clinic Consortium


Melanie Lynn Bostwick
Counsel of Record
Orrick, Herrington & Sutcliffe LLP
2100 Pennsylvania Ave, NW
Washington, DC 20037
MBOSTWICK@ORRICK.COM
Ph: 202-339-8483
Party name: Military-Veterans Advocacy, Inc.


Scott Andrew Felder
Counsel of Record
Wiley Rein LLP
2050 M Street NW
Washington, DC 20036
sfelder@wiley.law
Ph: (202) 719-7000
Party name: Reserve Organization of America


Matthew Whitmore Milledge
Counsel of Record
American Federation of Government Employees
80 F Street NW
Washington, DC 20001
matthew.milledge@afge.org
Ph: 202.639.6424
Party name: American Federation of Government Employees


Aaron Lloyd Nielson
Counsel of Record
Office of the Texas Attorney General
P.O. Box 12548 (MC-059)
Austin, TX 78711-2548
aaron.nielson@oag.texas.gov
Ph: 512-936-1700
Party name: Texas, et al.


Timothy James Taylor
Holland & Knight, LLP
1650 Tysons Blvd. Ste. 1700
Tysons, VA 22102
timothy.taylor@hklaw.com
Ph: (703) 720-8600
Party name: Members of Congress


Daniel Stephen Volchok
Counsel of Record
Wilmer Cutler Pickering Hale and Dorr LLP
2100 Pennsylvania Avenue, NW
Washington, DC 20037
DANIEL.VOLCHOK@WILMERHALE.COM
Ph: 2026636000
Party name: Members of Congress

 

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