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 |
|---|---|
| 07/03/2023 | Petition for a writ of certiorari filed. (Response due August 7, 2023) |
| 07/19/2023 | Motion to extend the time to file a response from August 7, 2023 to September 6, 2023, submitted to The Clerk. |
| 07/20/2023 | Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2023. |
| 08/17/2023 | Motion to extend the time to file a response from September 6, 2023 to October 6, 2023, submitted to The Clerk. |
| 08/21/2023 | Motion to extend the time to file a response is granted and the time is further extended to and including October 6, 2023. |
| 10/06/2023 | Brief of respondent Department of Defense in opposition filed. |
| 10/19/2023 | Reply of petitioner Stuart R. Harrow filed. (Distributed) |
| 10/24/2023 | DISTRIBUTED for Conference of 11/9/2023. |
| 11/07/2023 | Rescheduled. |
| 11/13/2023 | DISTRIBUTED for Conference of 11/17/2023. |
| 11/27/2023 | DISTRIBUTED for Conference of 12/1/2023. |
| 12/01/2023 | Rescheduled. |
| 12/01/2023 | DISTRIBUTED for Conference of 12/8/2023. |
| 12/08/2023 | Petition GRANTED. |
| 12/21/2023 | Motion to dispense with printing the joint appendix filed by petitioner Stuart R. Harrow. |
| 01/12/2024 | Brief of petitioner Stuart R. Harrow filed. |
| 01/16/2024 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 01/18/2024 | Brief amicus curiae of Federal Circuit Bar Association filed. |
| 01/19/2024 | Brief amicus curiae of National Treasury Employees Union filed. |
| 01/19/2024 | Brief amicus curiae of American Federation of Government Employees filed. |
| 01/19/2024 | Brief amicus curiae of National Veterans Legal Services Program filed. |
| 01/19/2024 | Brief amici curiae of Law Professors filed. |
| 01/29/2024 | SET FOR ARGUMENT on Monday, March 25, 2024. |
| 01/30/2024 | Record requested from the United States Court of Appeals for the Federal Circuit. |
| 02/01/2024 | Record received electronically from the United States Court of Appeals for the Federal Circuit and available with the Clerk. |
| 02/12/2024 | Brief of respondent Department of Defense filed. (Distributed) |
| 02/14/2024 | CIRCULATED |
| 02/27/2024 | Record received electronically from the U.S. Merit Systems Protection Board and available with the Clerk. |
| 03/12/2024 | Reply of petitioner Stuart R. Harrow filed. (Distributed) |
| 03/25/2024 | 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. |
| 05/16/2024 | Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. |
| 06/17/2024 | Judgment Issued. |