Feliciano v. Department of Transportation
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-861 | Fed. Cir. | Dec 9, 2024 | Apr 30, 2025 | 5-4 | Gorsuch | OT 2024 |
Holding: A federal civilian employee called to active duty pursuant to “any other provision of law ... during a national emergency” as described in 10 U.S.C. § 101(a)(13)(B) is entitled to differential pay if the reservist’s service temporally coincides with a declared national emergency without any showing that the service bears a substantive connection to a particular emergency.
Judgment: Reversed, 5-4, in an opinion by Justice Gorsuch on April 30, 2025. Justice Thomas filed a dissenting opinion, in which Justices Alito, Kagan, and Jackson joined.
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| Date | Proceedings and Orders |
|---|---|
| 01/11/2024 | Application (23A653) to extend the time to file a petition for a writ of certiorari from January 25, 2024 to February 8, 2024, submitted to The Chief Justice. |
| 01/17/2024 | Application (23A653) granted by The Chief Justice extending the time to file until February 8, 2024. |
| 02/08/2024 | Petition for a writ of certiorari filed. (Response due March 13, 2024) |
| 02/22/2024 | Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk. |
| 02/23/2024 | Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2024. |
| 02/26/2024 | Brief amicus curiae of Military-Veterans Advocacy, Inc. filed. |
| 02/26/2024 | Brief amicus curiae of Reserve Organization of America filed. VIDED. |
| 03/13/2024 | Brief amici curiae of Members of Congress filed. |
| 03/13/2024 | Brief amici curiae of Texas, et al. filed. |
| 04/03/2024 | Motion to extend the time to file a response from April 12, 2024 to May 10, 2024, submitted to The Clerk. |
| 04/04/2024 | Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2024. |
| 05/07/2024 | Motion to extend the time to file a response from May 10, 2024 to May 13, 2024, submitted to The Clerk. |
| 05/08/2024 | Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024. |
| 05/13/2024 | Brief of respondent Department of Transportation in opposition filed. |
| 05/24/2024 | Reply of petitioner Nick Feliciano filed. (Distributed) |
| 05/28/2024 | DISTRIBUTED for Conference of 6/13/2024. |
| 06/17/2024 | DISTRIBUTED for Conference of 6/20/2024. |
| 06/24/2024 | Petition GRANTED. |
| 07/08/2024 | Motion for an extension of time to file the briefs on the merits filed. |
| 07/09/2024 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 19, 2024. The time to file respondent's brief on the merits is extended to and including September 27, 2024. |
| 07/25/2024 | Motion to dispense with printing the joint appendix filed by petitioner Nick Feliciano. |
| 08/19/2024 | Brief of petitioner Nick Feliciano filed. |
| 08/26/2024 | Brief amicus curiae of Military-Veterans Advocacy, Inc. filed. |
| 08/26/2024 | Brief amicus curiae of National Law School Veterans Clinic Consortium filed. |
| 08/26/2024 | Brief amicus curiae of American Federation of Government Employees filed. |
| 08/26/2024 | Brief amici curiae of Texas, South Carolina, 19 Other States, and the District of Columbia filed. |
| 08/26/2024 | Brief amici curiae of Members of Congress filed. |
| 08/26/2024 | Brief amicus curiae of Reserve Organization of America filed. |
| 09/06/2024 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 09/27/2024 | Brief of respondent Department of Transportation filed. |
| 10/18/2024 | SET FOR ARGUMENT on Monday, December 9, 2024. |
| 10/22/2024 | Record requested from the United States Court of Appeals for the Federal Circuit. |
| 10/22/2024 | CIRCULATED |
| 10/28/2024 | Reply of petitioner Nick Feliciano filed. (Distributed) |
| 10/31/2024 | Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER. |
| 12/06/2024 | Record received electronically from the Merit Systems Protection Board and available with the Clerk. |
| 12/09/2024 | Argued. For petitioner: Andrew T. Tutt, Washington, D. C. For respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 04/30/2025 | Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, Kagan, and Jackson, JJ., joined. |