No. 20-1090

Thasha A. Boyd v. Department of Veterans Affairs, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-02-10
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law appellate-procedure civil-procedure due-process equitable-tolling federal-courts federal-employment judicial-review retroactive-legislation statutory-interpretation whistleblower-protection
Latest Conference: 2021-03-26
Question Presented (from Petition)

1. Whether the 60-day deadline for seeking judi­cial review pursuant 5 U.S.C. § 7703(b)(1)(B) and the FRAP sets a bar to an appeal, as the Eleventh Circuit has concluded, or whether the Act's retroactive date precludes the enforcement of the deadline thus allow­ing equitable considerations such as forfeiture, waiver and tolling.

2. Whether the Eleventh Circuit can enter an or­der barring the right to file an appeal absent analysis beyond a statute's plain text and/or rules of the courts.

Question Presented (AI Summary)

Whether the 60-day deadline for seeking judicial review pursuant 5 U.S.C. § 7703(b)(1)(B) and the FRAP sets a bar to an appeal, as the Eleventh Circuit has concluded, or whether the Act's retroactive date precludes the enforcement of the deadline thus allowing equitable considerations such as forfeiture, waiver and tolling

Docket Entries

2021-03-29
Petition DENIED.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-08
Waiver of right of respondents Dept. of Veterans Affairs, et al. to respond filed.
2021-02-05
Petition for a writ of certiorari filed. (Response due March 12, 2021)

Attorneys

Dept. of Veterans Affairs, et al.
Elizabeth B. PrelogarActing Solicitor General, Respondent
Thasha A. Boyd
Thasha A. Boyd — Petitioner