BERRY v. CONYERS

Attorney(s) appearing for the Case

Abby C. Wright , Attorney, Appellate Staff, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for petitioner. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Todd M. Hughes , Deputy Director, Allison Kidd-Miller , Senior Trial Counsel, and Douglas N. Letter , Attorney. Of counsel on the brief were Elaine Kaplan , General Counsel, Kathie A. Whipple , Deputy General Counsel, Steven E. Abow , Assistant General Counsel, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Andres M. Grajales , American Federation of Government Employees, of Washington, DC, argued for respondents Rhonda K. Conyers and Devon Haughton Northover. With him on the brief were David A. Borer , General Counsel, and Joseph F. Henderson , Deputy General Counsel.

Jeffrey A. Gauger , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With him on the brief were James M. Eisenmann , General Counsel, and Keisha Dawn Bell , Deputy General Counsel.

Arthur B. Spitzer , American Civil Liberties Union of the Nation's Capital, of Washington, DC, for amici curiae American Civil Liberties Union of the National Capital Area. With him on the brief were Gregory O'Duden , General Counsel, Larry J. Adkins , Deputy General Counsel, Julie M. Wilson , Associate General Counsel, and Paras N. Shah , Assistant Counsel, National Treasury Employees Union, of Washington, DC.

Dissenting opinion filed by Circuit Judge DYK.