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Kloeckner v. Solis

Docket No.11-184
Op. Below8th Cir.
ArgumentOct 2, 2012
Vote9-0
AuthorElena Kagan
OpinionDec 10, 2012
TermOctober Term 2012
SCOTUS PageOpinion

Holding

A federal employee who claims that an agency action appealable to the Merit Systems Protection Board violates an antidiscrimination statute listed in 5 U.S.C. § 7702(a)(1) should seek judicial review in district court, rather than the U.S. Court of Appeals for the Federal Circuit, regardless whether the MSPB decided her case on procedural grounds or on the merits.

Judgment

Reversed and remanded, 9-0, in an opinion by Elena Kagan on Dec 10, 2012.

Holding: A federal employee who claims that an agency action appealable to the Merit Systems Protection Board violates an antidiscrimination statute listed in 5 U.S.C. § 7702(a)(1) should seek judicial review in district court, not the Federal Circuit, regardless whether the Board decided her case on procedural grounds or on the merits.

Judgment:”Reversed and remanded, 9-0, in an opinion by Justice Kagan on December 10, 2012.

Proceedings & orders timeline

Aug 11, 2011
Petition for a writ of certiorari filed. (Response due September 14, 2011)
Aug 31, 2011
Order extending time to file response to petition to and including October 14, 2011.
Oct 12, 2011
Order further extending time to file response to petition to and including November 14, 2011.
Nov 10, 2011
Order further extending time to file response to petition to and including December 14, 2011.
Dec 14, 2011
Brief of respondent Hilda L. Solis, Secretary of Labor in opposition filed.
Dec 28, 2011
DISTRIBUTED for Conference of January 13, 2012.
Dec 28, 2011
Reply of petitioner Carolyn M. Kloeckner filed. (Distributed)
Jan 13, 2012
Petition GRANTED.
Feb 24, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including March 28, 2012.
Feb 24, 2012
The time to file respondent's brief on the merits is extended to and including May 30, 2012.
Mar 28, 2012
Joint appendix filed. (Statement of costs filed)
Mar 28, 2012
Brief of petitioner Carolyn M. Kloeckner filed.
May 7, 2012
The time to file respondent's brief on the merits is further extended to and including July 13, 2012.
Jul 13, 2012
Brief of respondent Hilda L. Solis, Secretary of Labor filed.
Jul 23, 2012
SET FOR ARGUMENT ON Tuesday, October 2, 2012
Jul 24, 2012
CIRCULATED.
Jul 31, 2012
Record received from U.S.C.A. for 8th Circuit. (1 envelope)
Aug 13, 2012
Reply of respondent Hilda L. Solis, Secretary of Labor filed. (Distributed)
Aug 23, 2012
Record from U.S.D.C. for Eastern District of Missouri is electronic.
Oct 2, 2012
Argued. For petitioner: Eric Schnapper, Seattle, Wash. For respondent: Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Dec 10, 2012
Judgment REVERSED and case REMANDED Kagan, J., delivered the opinion for a unanimous Court.
Jan 11, 2013
JUDGMENT ISSUED.
May 8, 2013
Record returned to U.S.C.A. for 8th Circuit.

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