United States DC Circuit

In ongoing Title VII racial discrimination action, injunction barring appellant Drug Enforcement Administration from promoting any special agents, who are not on a "best qualified" list, to positions in the DEA's Senior Executive Service without providing 30 days' notice and obtaining approval from the court is vacated as the stipulated procedures governing promotion are clear: the Administrator of the DEA may not promote to an SES position a non-SES agent who is not on the list of best qualified candidates generated by the stipulated procedures.

Appellate Information

• Decided 11/23/2007
• Published 11/26/2007

Judges

• Before:  GARLAND and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Laurie Weinstein, Assistant U.S. Attorney, argued the cause for appellants.   With her on the briefs were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence and John Henault, Assistant U.S. Attorneys.


• For Appellees:
  
• Rebecca J.K. Gelfond, argued the cause for appellees.   With her on the brief were David S. Cohen and Steven F. Cherry.