No. 25A26

Martin Akerman v. Merit Systems Protection Board

Lower Court: Federal Circuit
Docketed: 2025-07-08
Status: Denied
Type: A
Experienced Counsel
Tags: administrative-record agency-misconduct judicial-review merit-systems-protection-board settlement-agreement whistleblower
Latest Conference: N/A
Question Presented (from Petition)

Whether an appellate court's judgment may stand when extrinsic evidence reveals that the underlying administrative record was corrupted by the adjudicating agency's own spoliation of evidence.

Whether the Merit Systems Protection Board (MSPB) exercises "considerable executive power," as that term is used in Trump v. Wilcox, 605 U.S. _ (2025), or functions as a "quasi-judicial" body when it acts as counsel for the Department of Defense in federal court, and what level of deference its procedural findings are owed in light of such actions.

Whether a federal district court, possessing evidence of agency misconduct and a breached settlement agreement, is the proper forum to order a global resolution, including a consolidated remand of related whistleblower claims to the MSPB for adjudication on a clean record.

Question Presented (AI Summary)

Whether an administrative agency's intentional spoliation of the underlying record can invalidate an appellate judgment and require judicial review of agency misconduct

Docket Entries

2025-09-05
Application (25A26) referred to the Court.
2025-09-05
Application (25A26) denied by the Court.
2025-07-16
Application (25A26) refiled and submitted to Justice Kagan.
2025-07-11
Application (25A26) denied by The Chief Justice.
2025-06-16
Application (25A26) for a stay, submitted to The Chief Justice.

Attorneys

Martin Akerman
Martin Akerman — Petitioner
Merit Systems Protection Board
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent