Harrow v. Department of Defense
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-21 | Fed. Cir. |
Mar 25, 2024 |
May 16, 2024 | 9-0 | Kagan | OT 2023 |
Holding: Title 5 U.S.C. § 7703(b)(1)’s 60-day filing deadline for a federal employee to petition the Federal Circuit to review a final decision of the Merit Systems Protection Board is not jurisdictional.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on May 16, 2024.
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| Date | Proceedings and Orders |
|---|---|
| Jul 03 2023 | Petition for a writ of certiorari filed. (Response due August 7, 2023) |
| Jul 19 2023 | Motion to extend the time to file a response from August 7, 2023 to September 6, 2023, submitted to The Clerk. |
| Jul 20 2023 | Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2023. |
| Aug 17 2023 | Motion to extend the time to file a response from September 6, 2023 to October 6, 2023, submitted to The Clerk. |
| Aug 21 2023 | Motion to extend the time to file a response is granted and the time is further extended to and including October 6, 2023. |
| Oct 06 2023 | Brief of respondent Department of Defense in opposition filed. |
| Oct 19 2023 | Reply of petitioner Stuart R. Harrow filed. (Distributed) |
| Oct 24 2023 | DISTRIBUTED for Conference of 11/9/2023. |
| Nov 07 2023 | Rescheduled. |
| Nov 13 2023 | DISTRIBUTED for Conference of 11/17/2023. |
| Nov 27 2023 | DISTRIBUTED for Conference of 12/1/2023. |
| Dec 01 2023 | Rescheduled. |
| Dec 01 2023 | DISTRIBUTED for Conference of 12/8/2023. |
| Dec 08 2023 | Petition GRANTED. |
| Dec 21 2023 | Motion to dispense with printing the joint appendix filed by petitioner Stuart R. Harrow. |
| Jan 12 2024 | Brief of petitioner Stuart R. Harrow filed. |
| Jan 16 2024 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Jan 18 2024 | Brief amicus curiae of Federal Circuit Bar Association filed. |
| Jan 19 2024 | Brief amicus curiae of National Treasury Employees Union filed. |
| Jan 19 2024 | Brief amicus curiae of American Federation of Government Employees filed. |
| Jan 19 2024 | Brief amicus curiae of National Veterans Legal Services Program filed. |
| Jan 19 2024 | Brief amici curiae of Law Professors filed. |
| Jan 29 2024 | SET FOR ARGUMENT on Monday, March 25, 2024. |
| Jan 30 2024 | Record requested from the United States Court of Appeals for the Federal Circuit. |
| Feb 01 2024 | Record received electronically from the United States Court of Appeals for the Federal Circuit and available with the Clerk. |
| Feb 12 2024 | Brief of respondent Department of Defense filed. (Distributed) |
| Feb 14 2024 | CIRCULATED |
| Feb 27 2024 | Record received electronically from the U.S. Merit Systems Protection Board and available with the Clerk. |
| Mar 12 2024 | Reply of petitioner Stuart R. Harrow filed. (Distributed) |
| Mar 25 2024 | Argued. For petitioner: Joshua P. Davis, San Francisco, Cal. For respondent: Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| May 16 2024 | Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. |
| Jun 17 2024 | Judgment Issued. |
