Mark I disagree to an extent, here the operatant term is law. Federal law thrumps all others. I would also disagree that there was, or has ever been a intent to mesh federal law with policy. Let us look at some numbers, when I finish my disseration in December I will give you a copy, as of 2009 this country had 23,000,500 living veterans. Of total number of living veterans 17,000,000 were white males. All affirmative action statutes, what ever affirmative action is, specifically exclude hiring a veteran as a ground for any type of discrimination. Fedral officials used the Luvano Agreement, 1987?, to evade veteran hire until Dean v. Agriculture in 2005. The Luvano Agreement was just that a settlement not case law. An agreement was used from 1987? through 2005 to exclude veteran. That was one of my arguements, but the Board overtuned the so called Outstanding Scholar Program on other grounds, and did not rule on that issue.
Hiring officials who pushed affirmative action used both programs to evade veteran hire. President Obama abolished the FCIP on December 27, 2010. That made the playing field more level, but not quite enough. The Recent Graduate aspects of Pathways, and the FCP are currently at MSPB and CAFC. They will rule. All will have to live with the rulings.
The primay group impacted by the two programs were white male veterans. The Department of the Air Force is still attempting to use the FCIP, and the Consumer Product Safety Commission is still attempting to use the Rule of Three. The Consumer Prodect Safe Commission are of the opinion and Executive Order does not apply to them, but they are an executive agency. Those issues are being discussed.
We will see what happens. Answere should be final in less than two years.
President Obama has been good for veteran. Of course we are a huge voting bloc.