No. 24A683

Martin Akerman v. Merit Systems Protection Board

Lower Court: Federal Circuit
Docketed: 2025-01-13
Status: Denied
Type: A
Experienced Counsel
Tags: due-process federal-agency first-amendment judicial-review jurisdictional-barriers suspension-clause
Latest Conference: N/A
Question Presented (from Petition)

Does the Supreme Court's practice of denying certiorari petitions without requiring or allowing a response conflict with the Suspension Clause and the due process rights of petitioners seeking habeas corpus relief or challenging unconstitutional agency actions?

Do procedural limitations imposed by the Merit Systems Protection Board and overlapping jurisdictional barriers violate a petitioner's First Amendment rights under the Petition Clause by effectively denying meaningful access to the judiciary?

In light of Loper Light Enterprises v. Raimondo, do federal courts have a duty to exercise jurisdiction over claims involving fraud and misconduct by federal agencies, particularly where statutory schemes like the Federal Employees' Compensation Act preclude state remedies and judicial review?

Question Presented (AI Summary)

Whether federal agency procedural limitations and jurisdictional barriers unconstitutionally impede a federal employee's meaningful access to judicial review of agency actions

Docket Entries

2025-01-15
Application (24A683) denied by The Chief Justice.
2025-01-04
Application (24A683) to extend the time to file a petition for a writ of certiorari from January 14, 2025 to February 3, 2025, submitted to The Chief Justice.

Attorneys

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