|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.
|Date||Proceedings and Orders |
|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.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."