The United States Court of Appeals for the Fourth Circuit today ordered counsel in Cioca v. Rumsfeld, No. 12-1065, to file supplemental briefs on an issue that has perplexed us: why a Coastguardsman is the lead plaintiff in a case in which the only defendants are two former SECDEFs. Here’s the issue
Whether the plaintiffs who allege injuries arising in the course of their service in the United States Coast Guard possess standing to pursue claims against the defendants, former Secretaries of Defense, when the Coast Guard operates within the Department of Homeland Security.
And here’s the order. The supplemental briefs are due by 6 March.