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IN RE JOHNSON

No. 13-8002.

760 F.3d 66 (2014)

In re Jeh Charles JOHNSON, Secretary of the U.S. Department of Homeland Security, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2014.

Attorney(s) appearing for the Case

Marina Utgoff Braswell , Assistant U.S. Attorney, argued the cause for petitioner. With her on the briefs were Stuart F. Delery , Assistant Attorney General, U.S. Department of Justice; Douglas N. Letter , Director; Marleigh D. Dover and Charles W. Scarborough , Attorneys; Ronald C. Machen Jr. , U.S. Attorney; and R. Craig Lawrence , Benton G. Peterson , and Peter C. Pfaffenroth , Assistant U.S. Attorneys.

Catherine E. Stetson argued the cause for respondents. With her on the brief were E. Desmond Hogan , Erica Knievel Songer, Jennifer I. Klar , John P. Relman , and Megan Cacace.

Before: GARLAND, Chief Judge, WILKINS, Circuit Judge, and GINSBURG, Senior Circuit Judge.

GINSBURG, Senior Circuit Judge:

Eight African-American Secret Service agents who were denied promotions to the GS-14 or GS-15 level, allegedly because of their race, were certified by the district court to sue the Secretary of the Department of Homeland Security on behalf of a class comprising all similarly situated agents, of whom there are approximately 120. The Government argues the plaintiffs are not eligible to proceed as a class under Federal Rule of Civil Procedure...

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