United States Federal Circuit

In this case, plaintiff Schwalier was scheduled to be appointed to major general following nomination by the President and confirmation by the Senate, but his appointment was delayed and the President later chose not to appoint him. Judgment granting summary judgment to the government is affirmed, where: 1) the appointment process for senior military officers does not allow for automatic appointments; 2) a President's decision not to appoint an officer is unreviewable; and 3) the Air Force and the Department of Defense did not act arbitrarily or capriciously by not retroactively appointing plaintiff.

Appellate Information

• Decided 01/08/2015
• Published 01/08/2015

Judges

• Hughes

Court

• United States Federal Circuit

Counsel