Follow-Up to Supreme Court Petitions Regarding Justiciability of Discrimination Complaints Filed by “Dual-Status” Technicians

Hi, it seems that my prior post regarding this subject garnered some attention.  For those of you who are following this, the Supreme Court denied both the Zuress and Wetherill petitions.  I assisted in the Wetherill case in my capacity as a JAG  for the National Guard and I have worked on similar cases here in Michigan.  This effectively ends the debate about discrimination complaints lodged by National Guard Technicians and their justiciability. There are remaining theories as to why such complaints are non-justiciable (here both circuit courts cited to the Feres Doctrine which bars claims against military commanders by military personnel), but the conclusion remains sound and serves as a rejection of those circuit court of appeals that have ruled otherwise.  The denial order is here:  Supreme Court Order List 6-27-2011.

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