No. 23-21October Term 2023Decided May 16, 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
- 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
Documents
Related cases




Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology