No. 24A278

Martin Akerman v. Merit Systems Protection Board

Lower Court: Federal Circuit
Docketed: 2024-09-18
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: civil-forfeiture due-process federal-employment fifth-amendment first-amendment whistleblower-protection
Latest Conference: N/A
Question Presented (from Petition)

Whether the Federal Circuit erred in dismissing a Timely Fifth Amendment Petition for a Property Hearing for lack of jurisdiction over mixed cases involving civil forfeiture actions by state military officers acting under federal directives, and whether such actions-executed by state officers from Arizona, Arkansas, and Nevada—violate constitutional protections under the Civil Service Reform Act.

Whether the denial of a property hearing and review of pending Merit Systems Protection Board (MSPB) stay requests =, ~22-0257-S- DC-0752-22-0376-S-1 and -0752-23- 7-S-1), which involve claims of whistleblower retaliation and disability discrimination, by the Federal Circuit violates the Fifth Amendment's guarantee of due process for tenured federal employees, and the First Amendment's right to petition the government for redress of grievances, as highlighted in related Supreme Court cases 240147 and 240155.

Whether the Federal Circuit's refusal to assume jurisdiction over the civil forfeiture of the petitioner's federal employment tenure, despite the timely filing of the appeal on May 20, 2024, and the Merit Systems Protection Board's rush to issue final orders on May 29, 2024, constitutes a violation of due process under the Fifth Amendment and the right to petition under the First Amendment, as underscored by the issues presented in Supreme Court cases 24A147 and 24A155.

Whether the clerk of the Federal Circuit has jurisdiction to abridge a petitioner's Article III standing and First Amendment rights through sua sponte orders.

Question Presented (AI Summary)

Whether the Fifth Amendment and First Amendment protect a federal employee's due process rights and right to petition when challenging civil forfeiture actions and whistleblower retaliation claims involving mixed jurisdictional issues between state military officers and federal directives

Docket Entries

2024-11-08
Application (24A278) granted by The Chief Justice extending the time to file until February 9, 2025.
2024-11-06
Application (24A278) to extend further the time from December 19, 2024 to February 9, 2025, submitted to The Chief Justice.
2024-09-19
Application (24A278) granted by The Chief Justice extending the time to file until December 19, 2024.
2024-09-14
Application (24A278) to extend the time to file a petition for a writ of certiorari from December 11, 2024 to December 19, 2024, submitted to The Chief Justice.

Attorneys

Martin Akerman
Martin Akerman — Petitioner
Merit Systems Protection Board
Elizabeth B. PrelogarSolicitor General, Respondent