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Perry v. Merit Systems Protection Board

Docket No. Argument Opinion Vote Author Term
16-399 Apr 17, 2017 May 2, 2025 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 May 2, 2025. Justice Gorsuch filed a dissenting opinion, in which Justice Thomas joined.

DateProceedings and Orders (key to color coding)
09/27/2016Petition for a writ of certiorari filed. (Response due October 27, 2016)
10/21/2016Order extending time to file response to petition to and including November 28, 2016.
11/14/2016Order further extending time to file response to petition to and including December 5, 2016.
12/05/2016Brief of respondent Merit Systems Protection Board in opposition filed.
12/20/2016Reply of petitioner Anthony W. Perry filed.
12/21/2016DISTRIBUTED for Conference of January 6, 2017.
01/09/2017DISTRIBUTED for Conference of January 13, 2017.
01/13/2017Petition GRANTED.
02/14/2017Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioner.
02/17/2017SET FOR ARGUMENT ON Monday, April 17, 2017.
02/22/2017Record requested from U.S.C.A. for the D.C. Circuit.
02/27/2017Record received from U.S.C.A. for the D.C. Circuit. The record is electronic.
02/27/2017Joint appendix filed. (Statement of costs filed.)
02/27/2017Brief of petitioner Anthony W. Perry filed.
03/03/2017Brief amicus curiae of Metropolitan Washington Employment Lawyers Association (MWELA) filed.
03/17/2017Record received from the Merit Systems Protection Board (1 box).
03/22/2017CIRCULATED.
03/29/2017Brief of respondent Merit Systems Protection Board filed. (Distributed)
04/10/2017Reply of petitioner Anthony W. Perry filed. (Distributed)
04/17/2017Argued. For petitioner: Christopher Landau, Washington, D. C. For respondent: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/23/2017Judgment 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.
08/07/2017Record from the U.S. Merit Systems Protection Board has been returned.