Kim Anne Farrington v. Department of Transportation

Whether the Federal Circuit’s practice of issuing affirmances without opinion under Rule 36 in Merit Systems Protection Board cases unconstitutionally delegates Article III judicial power to the executive branch in violation of the separation of powers.

Whether Federal Circuit Rule 36 affirmances without opinion violate the Fifth Amendment guarantee of procedural due process by denying aggrieved federal employees meaningful judicial review of agency statutory interpretations.

Whether the addition of the word “normal” to “course of duties of an employee” in 5 U.S.C. § 2302(f)(2) modifies the scope of such duties, within the plain text meaning of the statute.