Perry v. Merit Systems Protection Board
| 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
- Opinion analysis: Majority sides with employee in civil service argument, but Gorsuch announces his presence with authority (Howard M. Wasserman, June 26, 2017)
- And then there were nine – the remaining decisions (Amy Howe, June 23, 2017)
- A "view" from the courtroom: The metes and bounds of the term (Mark Walsh, June 23, 2017)
- Argument analysis: Pulling wings off flies and other efforts to make sense of the Civil Service Reform Act (Howard M. Wasserman, April 18, 2017)
- Argument preview: Revisiting the proper forum for civil service review in mixed cases (Howard M. Wasserman, April 10, 2017)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe, January 13, 2017)
- Petition of the day (Kate Howard, October 29, 2016)
| Date | Proceedings and Orders |
|---|---|
| 09/27/2016 | Petition for a writ of certiorari filed. (Response due October 27, 2016) |
| 10/21/2016 | Order extending time to file response to petition to and including November 28, 2016. |
| 11/14/2016 | Order further extending time to file response to petition to and including December 5, 2016. |
| 12/05/2016 | Brief of respondent Merit Systems Protection Board in opposition filed. |
| 12/20/2016 | Reply of petitioner Anthony W. Perry filed. |
| 12/21/2016 | DISTRIBUTED for Conference of January 6, 2017. |
| 01/09/2017 | DISTRIBUTED for Conference of January 13, 2017. |
| 01/13/2017 | Petition GRANTED. |
| 02/14/2017 | Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioner. |
| 02/17/2017 | SET FOR ARGUMENT ON Monday, April 17, 2017. |
| 02/22/2017 | Record requested from U.S.C.A. for the D.C. Circuit. |
| 02/27/2017 | Record received from U.S.C.A. for the D.C. Circuit. The record is electronic. |
| 02/27/2017 | Joint appendix filed. (Statement of costs filed.) |
| 02/27/2017 | Brief of petitioner Anthony W. Perry filed. |
| 03/03/2017 | Brief amicus curiae of Metropolitan Washington Employment Lawyers Association (MWELA) filed. |
| 03/17/2017 | Record received from the Merit Systems Protection Board (1 box). |
| 03/22/2017 | CIRCULATED. |
| 03/29/2017 | Brief of respondent Merit Systems Protection Board filed. (Distributed) |
| 04/10/2017 | Reply of petitioner Anthony W. Perry filed. (Distributed) |
| 04/17/2017 | Argued. For petitioner: Christopher Landau, Washington, D. C. For respondent: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 06/23/2017 | Judgment 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. |
| 08/07/2017 | Record from the U.S. Merit Systems Protection Board has been returned. |