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Graviss v. Department of Defense

Petition for certiorari denied on May 20, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-1061 Fed. Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether the 60-day period for seeking review in the U.S. Court of Appeals for the Federal Circuit under 5 U.S.C. § 7703(b)(1)(A) sets a jurisdictional bar, as the panel majority held, or prescribes a claim-processing rule subject to exceptions such as forfeiture, as the dissenting judges below maintained; and (2) whether the government forfeited its timeliness defense.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 11 2019Petition for a writ of certiorari filed. (Response due March 15, 2019)
Feb 11 2019Corrected petition for a writ of certiorari filed. (March 15, 2019)
Mar 05 2019Motion to extend the time to file a response from March 15, 2019 to April 15, 2019, submitted to The Clerk.
Mar 06 2019Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2019.
Mar 14 2019Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Mar 14 2019Brief amici curiae of Law Professors filed.
Mar 15 2019Brief amicus curiae of Federal Circuit Bar Association filed.
Mar 15 2019Brief amicus curiae of American Federation of Government Employees filed.
Apr 15 2019Brief of respondent Department of Defense, Domestic Dependent Elementary and Secondary Schools in opposition filed.
Apr 30 2019DISTRIBUTED for Conference of 5/16/2019.
Apr 30 2019Reply of petitioner Karen Graviss filed. (Distributed)
May 20 2019Petition DENIED.