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No. 23-21October Term 2023Decided May 16, 2024

Docket 23-21October Term 2023 (2023–2024)

Harrow v. Department of Defense

The Supreme Court ruled unanimously that the 60-day deadline for federal employees to appeal Merit Systems Protection Board decisions to the Federal Circuit is a standard procedural rule rather than a strict jurisdictional requirement.

Case status

Current stage
Decided
Latest event
Decision released May 16, 2024
Case AcceptedDec 8, 2023
Arguments HeardMar 25, 2024
Decision ReleasedMay 16, 2024
What it's about

The Supreme Court ruled unanimously that the 60-day deadline for federal employees to appeal Merit Systems Protection Board decisions to the Federal Circuit is a standard procedural rule rather than a strict jurisdictional requirement. This decision allows courts to potentially excuse missed deadlines under equitable tolling principles when extraordinary circumstances, such as the government's failure to properly notify the employee, cause the delay.

Question presented

Is the 60-day filing deadline in 5 U.S.C. § 7703(b)(1)(A) jurisdictional and thus not subject to equitable tolling?

Case path

United States Court of Appeals for the Federal Circuit / Decision released May 16, 2024

Area

Decided Supreme Court case