United States Federal Circuit

Because the Air Force Secretary's Memorandum of Instruction to the board charged with selecting officers for involuntary termination requires differential treatment of officers based on their race or gender, it must be evaluated under a strict scrutiny analysis.

Appellate Information

• Decided 04/17/2002
• Published 04/17/2002

Judges

• Before LOURIE, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William A. Aileo, of Springville, PA, argued for plaintiffs-appellants.   With him on the brief was Barry P. Steinberg, of Washington, DC.


• For Appellees:
  
• Lee J. Freedman, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel on the brief was Major Jennifer L. Grimm, General Litigation, United States Air Force, of Arlington, VA.