Perry v. Merit Systems Protection Board

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-399	D.C. Cir.	Apr 17, 2017 Tr.Aud.	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)
A "view" from the courtroom: The metes and bounds of the term (Mark Walsh)
And then there were nine – the remaining decisions (Amy Howe)
Argument analysis: Pulling wings off flies and other efforts to make sense of the Civil Service Reform Act (Howard M. Wasserman)
Argument preview: Revisiting the proper forum for civil service review in mixed cases (Howard M. Wasserman)
Court adds 16 new cases to its merits docket (Expanded) (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Sep 27 2016	Petition for a writ of certiorari filed. (Response due October 27, 2016)
Oct 21 2016	Order extending time to file response to petition to and including November 28, 2016.
Nov 14 2016	Order further extending time to file response to petition to and including December 5, 2016.
Dec 05 2016	Brief of respondent Merit Systems Protection Board in opposition filed.
Dec 20 2016	Reply of petitioner Anthony W. Perry filed.
Dec 21 2016	DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017	DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017	Petition GRANTED.
Feb 14 2017	Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioner.
Feb 17 2017	SET FOR ARGUMENT ON Monday, April 17, 2017.
Feb 22 2017	Record requested from U.S.C.A. for the D.C. Circuit.
Feb 27 2017	Record received from U.S.C.A. for the D.C. Circuit. The record is electronic.
Feb 27 2017	Joint appendix filed. (Statement of costs filed.)
Feb 27 2017	Brief of petitioner Anthony W. Perry filed.
Mar 03 2017	Brief amicus curiae of Metropolitan Washington Employment Lawyers Association (MWELA) filed.
Mar 17 2017	Record received from the Merit Systems Protection Board (1 box).
Mar 22 2017	CIRCULATED.
Mar 29 2017	Brief of respondent Merit Systems Protection Board filed. (Distributed)
Apr 10 2017	Reply of petitioner Anthony W. Perry filed. (Distributed)
Apr 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.
Jun 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.
Aug 07 2017	Record from the U.S. Merit Systems Protection Board has been returned.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
On Tuesday, the justices dismissed Emulex Corp. v. Varjabedian as improvidently granted.
On Wednesday, the justices released their opinion in Lamps Plus Inc. v. Varela.
On Monday, the justices heard oral argument in Food Marketing Institute v. Argus Leader Media and Fort Bend County, Texas v. Davis.
On Tuesday morning, the justices heard oral argument in Department of Commerce v. New York. On Tuesday afternoon, they heard argument in Mitchell v. Wisconsin and Rehaif v. United States.
On Wednesday, the justices heard oral argument in Quarles v. United States and Taggart v. Lorenzen.
On Friday, the justices meet for their April 26 conference.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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Perry v. Merit Systems Protection Board

SCOTUSblog Coverage

Featured Posts

Argument analysis: Court leaning toward requiring the government to prove that a felon in possession knew he was a felon – Evan Lee

A “view” from the courtroom: Counting to five – Mark Walsh

Argument analysis: Divided court seems ready to uphold citizenship question on 2020 census – Amy Howe

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