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 |
|---|---|
| 08/11/2011 | Petition for a writ of certiorari filed. (Response due September 14, 2011) |
| 08/31/2011 | Order extending time to file response to petition to and including October 14, 2011. |
| 10/12/2011 | Order further extending time to file response to petition to and including November 14, 2011. |
| 11/10/2011 | Order further extending time to file response to petition to and including December 14, 2011. |
| 12/14/2011 | Brief of respondent Hilda L. Solis, Secretary of Labor in opposition filed. |
| 12/28/2011 | DISTRIBUTED for Conference of January 13, 2012. |
| 12/28/2011 | Reply of petitioner Carolyn M. Kloeckner filed. (Distributed) |
| 01/13/2012 | Petition GRANTED. |
| 02/24/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including March 28, 2012. |
| 02/24/2012 | The time to file respondent's brief on the merits is extended to and including May 30, 2012. |
| 03/28/2012 | Joint appendix filed. (Statement of costs filed) |
| 03/28/2012 | Brief of petitioner Carolyn M. Kloeckner filed. |
| 05/07/2012 | The time to file respondent's brief on the merits is further extended to and including July 13, 2012. |
| 07/13/2012 | Brief of respondent Hilda L. Solis, Secretary of Labor filed. |
| 07/23/2012 | SET FOR ARGUMENT ON Tuesday, October 2, 2012 |
| 07/24/2012 | CIRCULATED. |
| 07/31/2012 | Record received from U.S.C.A. for 8th Circuit. (1 envelope) |
| 08/13/2012 | Reply of respondent Hilda L. Solis, Secretary of Labor filed. (Distributed) |
| 08/23/2012 | Record from U.S.D.C. for Eastern District of Missouri is electronic. |
| 10/02/2012 | Argued. For petitioner: Eric Schnapper, Seattle, Wash. For respondent: Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 12/10/2012 | Judgment REVERSED and case REMANDED Kagan, J., delivered the opinion for a unanimous Court. |
| 01/11/2013 | JUDGMENT ISSUED. |
| 05/08/2013 | Record returned to U.S.C.A. for 8th Circuit. |
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.