United States DC Circuit

In an Administrative Procedure Act action challenging the U.S.'s policy and practice of recommending, rather than ordering, reinstatement of discharged National Guardsmen and correction of state National Guard records and related relief, summary judgment for defendants is affirmed where the U.S.'s interpretation of its authority was consistent with the Militia Clause and the statutory scheme and represented a reasoned judgment about its role regarding reinstatements of discharged members of the state National Guard.

Appellate Information

• Argued 02/09/2010
• Decided 04/30/2010
• Published 04/30/2010

Judges

• Before ROGERS and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Daniel M. Schember argued the cause and filed the briefs for appellants.


• For Appellees:
  
• Kathryn A. Donnelly, Special Assistant U.S. Attorney, argued the cause for appellees. With her on the brief was R. Craig Lawrence, Assistant U.S. Attorney. Lanny J. Acosta, Jr., Special Assistant U.S. Attorney, entered an appearance.