Where federal workers appeal
Perry v. Merit Systems Protection Bd.
In brief
The Supreme Court said these board dismissals must be reviewed in federal district court, overturned the D.C. Circuit, and sent Perry’s case back.
- Where it stands
- Decided
Decided 7-2 · June 23, 2017 · Opinion by Justice Ginsburg
- What it’s about
- The Supreme Court ruled that when the Merit Systems Protection Board dismisses a federal employee’s “mixed” case—a challenge to a major job action that also raises a discrimination claim—because it lacks authority to hear it, review belongs in federal district court, not the Federal Circuit.
- Who it affects
- Federal employees whose mixed cases the board dismisses for lack of authority must seek review in federal district court, not the Federal Circuit.
Summary: written with AI from the case record.
What it's about
The Court overturned the D.C. Circuit’s contrary ruling and sent the case back to that court (remanded).
The board can hear certain federal employees’ challenges to major job actions, including cases that also raise claims under federal anti-discrimination laws.
Question presented
Whether an MSPB decision disposing of a "mixed" case on jurisdictional grounds is subject to judicial review in district court or in the U.S. Court of Appeals for the Federal Circuit.
What the Court decided
Holding
The proper review forum when the MSPB dismisses a mixed case on jurisdictional grounds is district court. 829 F. 3d 760, reversed and remanded.
- Result
- Reversed
The vote
From the opinions
“Respectfully, I would decline Mr. Perry’s invitation and would instead just follow the words of the statute as written.”
What's next
The case returns to the D.C. Circuit, which must apply the Supreme Court’s ruling that federal district court is the proper review forum.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Brief added: Questions Presented
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.