Question Presented (from Petition)
1. Whether the Federal Circuit's practice of issuing affirmances without opinion under Rule 36 in Merit Systems Protection Board cases unconstitutionally delegates Article III judicial power to the executive branch in violation of the separation of powers.
2. Whether Federal Circuit Rule 36 affirmances without opinion violate the Fifth Amendment guarantee of procedural due process by denying aggrieved federal employees meaningful judicial review of agency statutory interpretations.
3. Whether the addition of the word "normal" to "course of duties of an employee" in 5 U.S.C. § 2302(f)(2) modifies the scope of such duties, within the plain text meaning of the statute.
Question Presented (AI Summary)
Whether the Federal Circuit's Rule 36 affirmances without opinion in Merit Systems Protection Board cases violate separation of powers and due process rights
2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-10-30
Amicus brief of Sens. Charles E. Grassley and Ron Wyden, Public Employees for Environmental Responsibility, Project On Government Oversight and Whistleblowers of America submitted.
2025-10-30
Brief amici curiae of Sens. Charles E. Grassley, et al. filed.
2025-10-30
Brief amici curiae of Senator Charles Grassley, et al. filed.
2025-10-28
Waiver of Department of Transportation of right to respond submitted.
2025-10-28
Waiver of right of respondent Department of Transportation to respond filed.
2025-09-26
Petition for a writ of certiorari filed. (Response due October 30, 2025)
2025-07-29
Application (25A86) granted by The Chief Justice extending the time to file until September 26, 2025.
2025-07-18
Application (25A86) to extend the time to file a petition for a writ of certiorari from July 28, 2025 to September 26, 2025, submitted to The Chief Justice.