United States Federal Circuit

The 1996 scoring formula used by the Office of Personnel Management (OPM) to evaluate candidates for the position of administrative law judge, was lawfully adopted pursuant to the OPM Director's authority to grant a variation from strict adherence to the requirements of OPM's regulations, and the scoring formula therefore did not violate those regulations.

Appellate Information

• Decided 02/20/2003
• Published 02/20/2003

Judges

• BRYSON, Circuit Judge., Before SCHALL, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William F. Fox, Jr., Professor of Law, The School of Law, The Catholic University of America, of Washington, DC, argued for petitioners, Murray M. Meeker, et al., Todd M. Hughes, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for petitioner, Kay Coles James, Director, Office of Personnel Management.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  and David M. Cohen, Director.   Of counsel on the brief were Mark A. Robbins, General Counsel;  Kathie A. Whipple, Deputy General Counsel;  Steve E. Abow, Eric S. Gold, Kimya Jones, and Julie Ferguson Queen, Attorneys, Office of General Counsel, Office of Personnel Management, of Washington, DC. Of counsel were Armando O. Bonilla, and Kathryn A. Bleecker, Attorneys, Department of Justice., William L. Bransford, Shaw, Bransford, Veilleux & Roth, of Washington, DC, argued for intervenors.   With him on the brief was Debra L. Roth., Barton F. Stichman, National Veterans Legal Services Program, of Washington, DC, for amicus curiae The American Legion.   With him on the brief was Louis J. George., Karin L. Kizer, Covington & Burling, of Washington, DC, for amici curiae Disabled American Veterans, et al.   With him on the brief were Michael C. Boteler and Harris Weinstein.


• For Appellees:
  
• Joyce G. Friedman, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent.   With her on the brief were Lynn A. Jennings, General Counsel;  and Martha B. Schneider, Deputy General Counsel.