Federal Circuit· 9/16/2005

Michael Strickland v. United States

Citations

423 F.3d 1335
2005 U.S. App. LEXIS 19887
2005 WL 2241247

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the Assistant Secretary’s decision to overrule the Board recommendation was within the power granted to the Secretary by Congress, and that “Congress granted this power to Secretaries and their designees in all four service branches”
stating that if a trial court thinks Federal Circuit opinions are inconsistent with Supreme Court precedent, the trial court may note the conflict and urge en banc consideration
noting that when the Court of Federal Claims believes a Federal Circuit case is inconsistent with an intervening Supreme Court case, the Court of Federal Claims is obligated to note the conflict but follow the Federal Circuit case
deferring to “the consistent, continual construction of § 1552 in the applicable regulations of all four service branches,” all of which “provide authority for the Secretary to override Board decisions upon following prescribed procedures”
“[A] circuit court decision, if applicable, controls until the circuit court overrules it en banc.”
“If . . . the Secretary disagrees with the Board and rejects its recommendation, . . . . the court reviews the de- cision on the basis of the Secretary’s written statement.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Rader, Linn

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Cited by

68 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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