Legal Opinion

Miller v. Department of Navy

Court of Appeals for the D.C. Circuit

Decided January 19, 2007No. 05-5343PublishedCited by 17 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

Lieutenant Commander Elizabeth Miller (“Miller”), then an active duty officer in the Judge Advocate General Corps in the United States Navy, was repeatedly considered for promotion to Commander but not selected. After being passed over for the second time, Miller, alleging gender bias and other procedural irregularities, requested that the Navy convene a Special Selection Board (“SSB”) to reconsider its decision. Under 10 U.S.C. § 628(b)(1), if the Secretary of the Navy determines, in the case of a person who was…

2Cases cited5 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. John F. Kreis v. Secretary of the Air ForceCourt of Appeals for the D.C. Circuit · 1989
  3. Cone, George E. v. Caldera, LouisCourt of Appeals for the D.C. Circuit · 2000
  4. Turner v. Department of NavyCourt of Appeals for the D.C. Circuit · 2003
  5. Miller v. Department of the NavyDistrict Court, District of Columbia · 2005

3Cited by17 opinions

  1. District Hospital Partners v. Sylvia Mathews BurwellCourt of Appeals for the D.C. Circuit · 2015
  2. Mori v. Department of the NavyDistrict Court, District of Columbia · 2013
  3. McDonough v. MabusDistrict Court, District of Columbia · 2012
  4. McGrady v. MabusDistrict Court, District of Columbia · 2009
  5. Gilbert v. JamesDistrict Court, District of Columbia · 2015

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