Brief of Federal Circuit Bar Association as Amicus Curiae in Support of Petition for a Writ of Certiorari

Donaldson v. Department of Homeland Security

Mar. 27, 2013

INTEREST OF AMICUS CURIAE

Amicus Federal Circuit Bar Association (“FCBA”) is a national organization for the of the United States Court of Appeals for the Federal Circuit. The FCBA unites the different groups across the country that practice before that court, seeking to strengthen and serve the court. One of the FCBA’s objectives is to provide the perspective of disinterested practitioners, including through briefs filed with this Court, on issues affecting practice before the Federal Circuit.

The FCBA has a particular interest in the adjudication of matters falling within the exclusive jurisdiction of the Federal Circuit, including the administration of veterans’ benefits and the merit system for federal employment. Through its Veterans Appeals Committee, the FCBA facilitates pro bono representation of veterans who, like petitioner in this case, have filed pro se appeals with the Federal Circuit.

As particularly relevant here, the FCBA seeks to promote the sound interpretation and fair administration of laws governing veterans’ federal employment  preferences. This case raises the question whether an agency may, consistent with federal law, cancel and re-advertise a job vacancy for the purpose of hiring a non-veteran instead of a preference-eligible veteran. The answer to this question is significant both to veterans seeking federal employment and to federal agencies seeking to comply with their legal obligations. And it is important to the FCBA and its members who represent veterans that the laws governing veterans’ preference be faithfully interpreted and applied.
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