Supreme Court of the United States · Official docket →
Stuart R. Harrow v. Department of Defense
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-2254 · judgment February 14, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
When a federal employee petitions the U.S. Court of Appeals for the Federal Circuit to review a final decision of the Merit Systems Protection Board, 5 U.S.C. § 7703(b)(1)(A) provides: "Notwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board." In the decision below, the Federal Circuit relied on settled circuit precedent holding this filing deadline to be jurisdictional, despite recent opinions from other Circuits and this Court holding analogous filing deadlines to be nonjurisdictional. The question presented is whether the 60-day deadline in Section 7703(b)(1)(A) is jurisdictional.
Counsel of record
For petitioner
Scott William Dodson
UC Law, San Francisco
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 4 conferences
Amicus briefs
5 merits
(5 supporting pet./neither)
Argument & decision
Argued March 25, 2024 — Joshua P. Davis · Aimee W. Brown. Audio and transcript
Decided May 16, 2024. Opinion by Kagan.
Proceedings
- Jun 17 2024Judgment Issued.
- May 16 2024Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
- Mar 25 2024Argued. For petitioner: Joshua P. Davis, San Francisco, Cal. For respondent: Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Mar 12 2024Reply of petitioner Stuart R. Harrow filed. (Distributed)
- Feb 27 2024Record received electronically from the U.S. Merit Systems Protection Board and available with the Clerk.
- Feb 14 2024CIRCULATED
- Feb 12 2024Brief of respondent Department of Defense filed. (Distributed)
- Feb 01 2024Record received electronically from the United States Court of Appeals for the Federal Circuit and available with the Clerk.
- Jan 30 2024Record requested from the United States Court of Appeals for the Federal Circuit.
- Jan 29 2024SET FOR ARGUMENT on Monday, March 25, 2024.
- Jan 19 2024Brief amicus curiae of National Treasury Employees Union filed.
- Jan 19 2024Brief amicus curiae of American Federation of Government Employees filed.
- Jan 19 2024Brief amicus curiae of National Veterans Legal Services Program filed.
- Jan 19 2024Brief amici curiae of Law Professors filed.
- Jan 18 2024Brief amicus curiae of Federal Circuit Bar Association filed.
- Jan 16 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Jan 12 2024Brief of petitioner Stuart R. Harrow filed.
- Dec 21 2023Motion to dispense with printing the joint appendix filed by petitioner Stuart R. Harrow.
- Dec 08 2023Petition GRANTED.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
- Nov 07 2023Rescheduled.
- Oct 24 2023DISTRIBUTED for Conference of 11/9/2023.
- Oct 19 2023Reply of petitioner Stuart R. Harrow filed. (Distributed)
- Oct 06 2023Brief of respondent Department of Defense in opposition filed.
- Aug 21 2023Motion to extend the time to file a response is granted and the time is further extended to and including October 6, 2023.
- Aug 17 2023Motion to extend the time to file a response from September 6, 2023 to October 6, 2023, submitted to The Clerk.
- Jul 20 2023Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2023.
- Jul 19 2023Motion to extend the time to file a response from August 7, 2023 to September 6, 2023, submitted to The Clerk.
- Jul 03 2023Petition for a writ of certiorari filed. (Response due August 7, 2023)