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Perry v. Merit Systems Protection Board

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Docket No. Op. Below Argument Opinion Vote Author Term
16-399 D.C. Cir. Apr 17, 2017 Jun 23, 2017 7-2 Ginsburg OT 2016

Holding: The proper review forum when the Merit Systems Protection Board dismisses a mixed case -- a complaint by an employee of a serious adverse employment action attributable, in whole or in part, to bias based on race, gender, age or disability -- on jurisdictional grounds is district court.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Ginsburg on June 23, 2017. Justice Gorsuch filed a dissenting opinion, in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 27 2016Petition for a writ of certiorari filed. (Response due October 27, 2016)
Oct 21 2016Order extending time to file response to petition to and including November 28, 2016.
Nov 14 2016Order further extending time to file response to petition to and including December 5, 2016.
Dec 05 2016Brief of respondent Merit Systems Protection Board in opposition filed.
Dec 20 2016Reply of petitioner Anthony W. Perry filed.
Dec 21 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED.
Feb 14 2017Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioner.
Feb 17 2017SET FOR ARGUMENT ON Monday, April 17, 2017.
Feb 22 2017Record requested from U.S.C.A. for the D.C. Circuit.
Feb 27 2017Record received from U.S.C.A. for the D.C. Circuit. The record is electronic.
Feb 27 2017Joint appendix filed. (Statement of costs filed.)
Feb 27 2017Brief of petitioner Anthony W. Perry filed.
Mar 03 2017Brief amicus curiae of Metropolitan Washington Employment Lawyers Association (MWELA) filed.
Mar 17 2017Record received from the Merit Systems Protection Board (1 box).
Mar 22 2017CIRCULATED.
Mar 29 2017Brief of respondent Merit Systems Protection Board filed. (Distributed)
Apr 10 2017Reply of petitioner Anthony W. Perry filed. (Distributed)
Apr 17 2017Argued. For petitioner: Christopher Landau, Washington, D. C. For respondent: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 23 2017Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined.
Aug 07 2017Record from the U.S. Merit Systems Protection Board has been returned.