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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Merits cases granted to date 73

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6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Perry v. Merit Systems Protection Board

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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Conference of January 18, 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award