No. 24A147

Martin Akerman v. Department of the Army

Lower Court: Federal Circuit
Docketed: 2024-08-08
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: administrative-review civil-service interlocutory-appeal mspb-jurisdiction pro-se-litigation whistleblower-protection
Latest Conference: N/A
Question Presented (from Petition)

Whether the Merit Systems Protection Board (MSPB) can be
properly named as the respondent in appeals to the Federal
Circuit when the appeal concerns the MSPB's procedural or
jurisdictional decisions, and whether the Federal Circuit
has jurisdiction to review such decisions, particularly
when the MSPB reasserts jurisdiction over a matter that may
not yet be ripe for adjudication.

Whether the application of the Cohen collateral order
doctrine is appropriate in this context, where the orders
in question conclusively determine disputed procedural
rights, resolve issues completely separate from the merits,
and are effectively unreviewable on appeal from a final
judgment, especially in cases involving alleged misconduct
within the MSPB.

Whether a Bivens action against Administrative Judges and
court clerks is the only remedy available to tenured
federal employees seeking to address potential breaches of
statutory duties by the Merit Systems Protection Board
(MSPB) under the Civil Service Reform Act (CSRA), the
Uniformed Services Employment and Reemployment Rights Act
(USERRA), and the Whistleblower Protection Enhancement Act
(WPEA).

Question Presented (AI Summary)

Whether the Merit Systems Protection Board (MSPB) can be properly named as a respondent in federal appeals challenging its procedural or jurisdictional decisions, and whether federal courts have jurisdiction to review such decisions

Docket Entries

2024-08-13
Application (24A147) granted by The Chief Justice extending the time to file until December 19, 2024.
2024-08-06
Application (24A147) to extend the time to file a petition for a writ of certiorari from October 20, 2024 to December 19, 2024, submitted to The Chief Justice.

Attorneys

Dept. of the Army
Elizabeth B. PrelogarSolicitor General, Respondent
Martin Akerman
Martin Akerman — Petitioner