Feliciano v. Department of Transportation
Holding
A federal civilian employee called to active duty pursuant to “any other provision of law ... during a national emergency” as described in 10 U.S.C. § 101(a)(13)(B) is entitled to differential pay if the reservist’s service temporally coincides with a declared national emergency without any showing that the service bears a substantive connection to a particular emergency.
Judgment
Reversed, 5-4, in an opinion by Neil Gorsuch on Apr 30, 2025. Justice Thomas filed a dissenting opinion, in which Justices Alito, Kagan, and Jackson joined.
Jan 11, 2024Application (23A653) to extend the time to file a petition for a writ of certiorari from January 25, 2024 to February 8, 2024, submitted to The Chief Justice.
Jan 17, 2024Application (23A653) granted by The Chief Justice extending the time to file until February 8, 2024.
Feb 8, 2024Petition for a writ of certiorari filed. (Response due March 13, 2024)Feb 22, 2024Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.Feb 23, 2024Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2024.
Feb 26, 2024Brief amicus curiae of Military-Veterans Advocacy, Inc. filed.Feb 26, 2024Brief amicus curiae of Reserve Organization of America filed. VIDED.Mar 13, 2024Brief amici curiae of Members of Congress filed.Mar 13, 2024Brief amici curiae of Texas, et al. filed.Apr 3, 2024Motion to extend the time to file a response from April 12, 2024 to May 10, 2024, submitted to The Clerk.Apr 4, 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2024.
May 7, 2024Motion to extend the time to file a response from May 10, 2024 to May 13, 2024, submitted to The Clerk.May 8, 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
May 13, 2024Brief of respondent Department of Transportation in opposition filed.May 24, 2024Reply of petitioner Nick Feliciano filed. (Distributed)May 28, 2024DISTRIBUTED for Conference of 6/13/2024.
Jun 17, 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 24, 2024Petition GRANTED.
Jul 8, 2024Motion for an extension of time to file the briefs on the merits filed.Jul 9, 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 19, 2024. The time to file respondent's brief on the merits is extended to and including September 27, 2024.
Jul 25, 2024Motion to dispense with printing the joint appendix filed by petitioner Nick Feliciano.Aug 19, 2024Brief of petitioner Nick Feliciano filed.Aug 26, 2024Brief amicus curiae of Military-Veterans Advocacy, Inc. filed.Aug 26, 2024Brief amicus curiae of National Law School Veterans Clinic Consortium filed.Aug 26, 2024Brief amicus curiae of American Federation of Government Employees filed.Aug 26, 2024Brief amici curiae of Texas, South Carolina, 19 Other States, and the District of Columbia filed.Aug 26, 2024Brief amici curiae of Members of Congress filed.Aug 26, 2024Brief amicus curiae of Reserve Organization of America filed.Sep 6, 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 27, 2024Brief of respondent Department of Transportation filed.Oct 18, 2024SET FOR ARGUMENT on Monday, December 9, 2024.
Oct 22, 2024Record requested from the United States Court of Appeals for the Federal Circuit.
Oct 22, 2024CIRCULATED
Oct 28, 2024Reply of petitioner Nick Feliciano filed. (Distributed)Oct 31, 2024Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
Dec 6, 2024Record received electronically from the Merit Systems Protection Board and available with the Clerk.
Dec 9, 2024Argued. For petitioner: Andrew T. Tutt, Washington, D. C. For respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 30, 2025Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, Kagan, and Jackson, JJ., joined.
Jun 2, 2025Judgment Issued.Recommended Citation: Feliciano v. Department of Transportation, SCOTUSblog, https://www.scotusblog.com/cases/feliciano-v-department-of-transportation/