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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.

DateProceedings and Orders (key to color coding)
Jul 03 2023Petition for a writ of certiorari filed. (Response due August 7, 2023)
Jul 19 2023Motion to extend the time to file a response from August 7, 2023 to September 6, 2023, submitted to The Clerk.
Jul 20 2023Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2023.
Aug 17 2023Motion to extend the time to file a response from September 6, 2023 to October 6, 2023, submitted to The Clerk.
Aug 21 2023Motion to extend the time to file a response is granted and the time is further extended to and including October 6, 2023.
Oct 06 2023Brief of respondent Department of Defense in opposition filed.
Oct 19 2023Reply of petitioner Stuart R. Harrow filed. (Distributed)
Oct 24 2023DISTRIBUTED for Conference of 11/9/2023.
Nov 07 2023Rescheduled.
Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Dec 08 2023Petition GRANTED.
Dec 21 2023Motion to dispense with printing the joint appendix filed by petitioner Stuart R. Harrow.
Jan 12 2024Brief of petitioner Stuart R. Harrow filed.
Jan 16 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 18 2024Brief amicus curiae of Federal Circuit Bar Association filed.
Jan 19 2024Brief amicus curiae of National Treasury Employees Union filed.
Jan 19 2024Brief amicus curiae of American Federation of Government Employees filed.
Jan 19 2024Brief amicus curiae of National Veterans Legal Services Program filed.
Jan 19 2024Brief amici curiae of Law Professors filed.
Jan 29 2024SET FOR ARGUMENT on Monday, March 25, 2024.
Jan 30 2024Record requested from the United States Court of Appeals for the Federal Circuit.
Feb 01 2024Record received electronically from the United States Court of Appeals for the Federal Circuit and available with the Clerk.
Feb 12 2024Brief of respondent Department of Defense filed. (Distributed)
Feb 14 2024CIRCULATED
Feb 27 2024Record received electronically from the U.S. Merit Systems Protection Board and available with the Clerk.
Mar 12 2024Reply of petitioner Stuart R. Harrow filed. (Distributed)
Mar 25 2024Argued. For petitioner: Joshua P. Davis, San Francisco, Cal. For respondent: Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
May 16 2024Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.