Kloeckner v. Solis
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-184 | 8th Cir. |
Oct 2, 2012 Tr.Aud. |
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, not the Federal Circuit, regardless whether the Board 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
- Argument recap: When is “an action subject to judicial review” not a “judicially reviewable action”?
- Argument preview: Finding the proper Article III forum
- Three new cases granted (UPDATED)
- Petition of the day
| 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. |





