No. 25-6072

William Douglas Marcum v. Merit Systems Protection Board

Lower Court: Federal Circuit
Docketed: 2025-11-10
Status: Rehearing
Type: IFP
Response WaivedRelisted (2)IFP
Tags: discovery-denial due-process exculpatory-evidence fifth-amendment merit-systems-protection-board perjured-testimony
Latest Conference: 2026-04-17 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Fifth Amendment's Due Process Clause is violated when the Merit Systems Protection Board relies on perjured testimony, denies discovery, and excludes exculpatory evidence in dismissing an employee's appeal for lack of jurisdiction.

2. Whether a federal court may treat the use of perjury, suppression of discovery, and refusal to consider newly discovered evidence of government witness misconduct as "harmless error" in reviewing an MSPB decision.

3. Whether under 5 C.F.R. § 715.202, an employee retains the right to rescind a resignation before its effective date, and whether an agency may lawfully refuse rescission absent a valid, articulated reason.

Question Presented (AI Summary)

Whether the Fifth Amendment's Due Process Clause is violated when the Merit Systems Protection Board relies on perjured testimony, denies discovery, and excludes exculpatory evidence in dismissing an employee's appeal for lack of jurisdiction

Docket Entries

2026-03-25
DISTRIBUTED for Conference of 4/17/2026.
2026-02-04
Petition for Rehearing filed.
2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-09
Waiver of Merit Systems Protection Board of right to respond submitted.
2025-12-09
Waiver of right of respondent Merit Systems Protection Board to respond filed.
2025-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2025)

Attorneys

Merit Systems Protection Board
D. John SauerSolicitor General, Respondent
William D. Marcum
William Douglas Marcum — Petitioner