Harrow v. Department of Defense
Holding
Title 5 U.S.C. § 7703(b)(1)'s 60-day filing deadline for a federal employee to petition the Federal Circuit to review a final decision of the Merit Systems Protection Board is not jurisdictional.
Judgment
Vacated and remanded, 9-0, in an opinion by Elena Kagan on May 16, 2024.
Jul 3, 2023Petition for a writ of certiorari filed. (Response due August 7, 2023)Jul 19, 2023Motion to extend the time to file a response from August 7, 2023 to September 6, 2023, submitted to The Clerk.
Jul 20, 2023Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2023.
Aug 17, 2023Motion to extend the time to file a response from September 6, 2023 to October 6, 2023, submitted to The Clerk.Aug 21, 2023Motion to extend the time to file a response is granted and the time is further extended to and including October 6, 2023.
Oct 6, 2023Brief of respondent Department of Defense in opposition filed.Oct 19, 2023Reply of petitioner Stuart R. Harrow filed. (Distributed)Oct 24, 2023DISTRIBUTED for Conference of 11/9/2023.
Nov 7, 2023Rescheduled.
Nov 13, 2023DISTRIBUTED for Conference of 11/17/2023.
Nov 27, 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 1, 2023Rescheduled.
Dec 1, 2023DISTRIBUTED for Conference of 12/8/2023.
Dec 8, 2023Petition GRANTED.
Dec 21, 2023Motion to dispense with printing the joint appendix filed by petitioner Stuart R. Harrow.Jan 12, 2024Brief of petitioner Stuart R. Harrow filed.Jan 16, 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 18, 2024Brief amicus curiae of Federal Circuit Bar Association filed.Jan 19, 2024Brief amicus curiae of National Treasury Employees Union filed.Jan 19, 2024Brief amicus curiae of American Federation of Government Employees filed.Jan 19, 2024Brief amicus curiae of National Veterans Legal Services Program filed.Jan 19, 2024Brief amici curiae of Law Professors filed.Jan 29, 2024SET FOR ARGUMENT on Monday, March 25, 2024.
Jan 30, 2024Record requested from the United States Court of Appeals for the Federal Circuit.
Feb 1, 2024Record received electronically from the United States Court of Appeals for the Federal Circuit and available with the Clerk.
Feb 12, 2024Brief of respondent Department of Defense filed. (Distributed)Feb 14, 2024CIRCULATED
Feb 27, 2024Record received electronically from the U.S. Merit Systems Protection Board and available with the Clerk.
Mar 12, 2024Reply of petitioner Stuart R. Harrow filed. (Distributed)Mar 25, 2024Argued. For petitioner: Joshua P. Davis, San Francisco, Cal. For respondent: Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
May 16, 2024Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
Jun 17, 2024Judgment Issued.Recommended Citation: Harrow v. Department of Defense, SCOTUSblog, https://www.scotusblog.com/cases/harrow-v-department-of-defense/