Oral Argument: Harrow v. Department of Defense | Case No. 23-21 | Date Argued: 3/25/24 | Date Decided: 5/16/24

Link to Docket: Here.

Background:

When a federal employee petitions the U.S. Court of Appeals for the Federal Circuit to review a final decision of the Merit Systems Protection Board, 5 U.S.C. § 7703(b)(1)(A) provides: "Notwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board." In the decision below, the Federal Circuit relied on settled circuit precedent holding this filing deadline to be jurisdictional, despite recent opinions from other Circuits and this Court holding analogous filing deadlines to be nonjurisdictional.

Question Presented: Whether the 60-day deadline in Section 7703(b)(1)(A) is jurisdictional.

Holding: Title 5 U.S.C. § 7703(b)(l)'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.

Result: Vacated and remanded.

Voting Breakdown: 9-0. Justice Kagan delivered the opinion for a unanimous Court.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: Joshua P. Davis, San Francisco, Cal.
• For Respondent: Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D.C.