No. 24A155

Martin Akerman v. Department of the Air Force

Lower Court: Federal Circuit
Docketed: 2024-08-08
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: administrative-law federal-employment interlocutory-appeal jurisdictional-review mspb-procedure pro-se-litigation
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 jurisdictional and procedural decisions, and whether federal courts have jurisdiction to review such administrative determinations

Docket Entries

2024-08-13
Application (24A155) granted by The Chief Justice extending the time to file until December 19, 2024.
2024-08-06
Application (24A155) 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 Air Force
Elizabeth B. PrelogarSolicitor General, Respondent
Martin Akerman
Martin Akerman — Petitioner