The Supreme Court Update - December 11, 2023

Dorsey & Whitney LLP

On December 8, 2023, the Supreme Court of the United States granted certiorari in one case:

Harrow v. Department of Defense, No. 23-21: This case involves interpretation of the timing requirement for challenging a decision by the federal Merit Systems Protection Board. 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.” The question presented is: Whether the 60-day deadline in Section 7703(b)(1)(A) is jurisdictional.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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