Law Commons^™

Supplemental Brief For Respondent, Burlington Northern Santa Fe Ry. Co. V. White, 548 U.S. 53 (2006) (No. 05-259), 2006 Wl 690256, Donald A. Donati, William B. Ryan, Eric Schnapper

Court Briefs

Respondent submits this supplemental brief pursuant to Rule 25.5 of this Court.

Under the unique circumstances of this case, the brief for the United States constitutes "intervening matter that was not available in time to be included in a brief." A majority of the government’s argument consists of an attack on the literal reading of section 704(a) advanced respondent. If this Court were to adopt the government’s narrow reading of section 704(a), it is far from certain that respondent would prevail. The original panel of the Sixth Circuit that heard this case applied a version of the "materially adverse" formulation …