Kloeckner v. Solis
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-184 | 8th Cir. | Oct 2, 2012 | Dec 10, 2012 | 9-0 | Kagan | OT 2012 |
Holding: A federal employee who claims that an agency action appealable to the Merit Systems Protection Board violates an antidiscrimination statute listed in 5 U.S.C. § 7702(a)(1) should seek judicial review in district court, rather than the U.S. Court of Appeals for the Federal Circuit, regardless whether the MSPB decided her case on procedural grounds or on the merits.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kagan on December 10, 2012.
SCOTUSblog Coverage
- Opinion analysis: Straight route to court, not a maze (Lyle Denniston, December 10, 2012)
- Argument recap: When is “an action subject to judicial review” not a “judicially reviewable action”? (Howard M. Wasserman, October 3, 2012)
- Argument preview: Finding the proper Article III forum (Howard M. Wasserman, September 28, 2012)
- Three new cases granted (UPDATED) (Lyle Denniston, January 13, 2012)
- Petition of the day (Marissa Miller, September 1, 2011)
| Date | Proceedings and Orders |
|---|---|
| Aug 11 2011 | Petition for a writ of certiorari filed. (Response due September 14, 2011) |
| Aug 31 2011 | Order extending time to file response to petition to and including October 14, 2011. |
| Oct 12 2011 | Order further extending time to file response to petition to and including November 14, 2011. |
| Nov 10 2011 | Order further extending time to file response to petition to and including December 14, 2011. |
| Dec 14 2011 | Brief of respondent Hilda L. Solis, Secretary of Labor in opposition filed. |
| Dec 28 2011 | DISTRIBUTED for Conference of January 13, 2012. |
| Dec 28 2011 | Reply of petitioner Carolyn M. Kloeckner filed. (Distributed) |
| Jan 13 2012 | Petition GRANTED. |
| Feb 24 2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including March 28, 2012. |
| Feb 24 2012 | The time to file respondent's brief on the merits is extended to and including May 30, 2012. |
| Mar 28 2012 | Joint appendix filed. (Statement of costs filed) |
| Mar 28 2012 | Brief of petitioner Carolyn M. Kloeckner filed. |
| May 7 2012 | The time to file respondent's brief on the merits is further extended to and including July 13, 2012. |
| Jul 13 2012 | Brief of respondent Hilda L. Solis, Secretary of Labor filed. |
| Jul 23 2012 | SET FOR ARGUMENT ON Tuesday, October 2, 2012 |
| Jul 24 2012 | CIRCULATED. |
| Jul 31 2012 | Record received from U.S.C.A. for 8th Circuit. (1 envelope) |
| Aug 13 2012 | Reply of respondent Hilda L. Solis, Secretary of Labor filed. (Distributed) |
| Aug 23 2012 | Record from U.S.D.C. for Eastern District of Missouri is electronic. |
| Oct 2 2012 | Argued. For petitioner: Eric Schnapper, Seattle, Wash. For respondent: Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Dec 10 2012 | Judgment REVERSED and case REMANDED Kagan, J., delivered the opinion for a unanimous Court. |
| Jan 11 2013 | JUDGMENT ISSUED. |
| May 8 2013 | Record returned to U.S.C.A. for 8th Circuit. |
