Supreme Court of the United States · Official docket →
Martin Akerman v. Merit Systems Protection Board, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5309 · judgment April 19, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
This case offers the Court a unique opportunity to examine the comprehensive mistreatment of a Department of Defense whistleblower, Martin Akerman, through each phase of the whistleblower protection and retaliation process. The Applicant's experience spans the entire lifecycle of a whistleblower report—from filing with the Office of Special Counsel (OSC), engaging in Alternative Dispute Resolution (ADR), and enduring retaliation under 50 U.S.C. § 3341(j), to the subsequent involvement of Congress, Office of Inspector General (OIG) investigations, and case handling by the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board (MSPB). • Does the whistleblower protection provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA), as codified in 38 U.S.C. § 4311(b), require the waiver of court fees for federal employees who engage in protected whistleblowing activities, aimed at protecting rights under USERRA's provisions?
Counsel of record
For petitioner
Martin Akerman
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jan 21 2025Application (24A507) denied by the Court.
- Dec 31 2024DISTRIBUTED for Conference of 1/17/2025.
- Dec 31 2024Application (24A507) referred to the Court.
- Nov 26 2024Application (24A507) refiled and submitted to Justice Kavanaugh.
- Nov 25 2024Application (24A507) denied by The Chief Justice.
- Nov 18 2024Petition DENIED.
- Nov 18 2024Application (24A507) to suspend the effect of the denial of the petition for a writ of certiorari, submitted to The Chief Justice.
- Oct 30 2024DISTRIBUTED for Conference of 11/15/2024.
- Oct 25 2024Waiver of right of respondent Merit Systems Protection Board, et al. to respond filed.
- Sep 21 2024Petition for a writ of certiorari filed. (Response due October 25, 2024)
- Sep 21 2024Request for recusal received from petitioner.
- Jun 17 2024Application (23A1097) granted by The Chief Justice extending the time to file until September 25, 2024.
- Jun 04 2024Application (23A1097) to extend the time to file a petition for a writ of certiorari from August 26, 2024 to September 25, 2024, submitted to The Chief Justice.