Harrow v. Department of Defense
In brief
Missing the 60-day deadline does not automatically end a federal employee's appeal, because the deadline may be equitably tolled in appropriate cases.
- Where it stands
- Decided
Decided 9-0 · May 16, 2024 · Opinion by Justice Kagan
- What it’s about
- The Court unanimously held that the 60-day deadline for a federal employee to ask the Federal Circuit to review a Merit Systems Protection Board decision is not a limit on the court’s power to hear the case.
- Who it affects
- A federal employee who misses the 60-day deadline may ask for equitable tolling (an extension allowed in limited fair circumstances). Courts may consider that request instead of automatically dismissing the case for lack of power.
Summary: written with AI from the case record.
What it's about
Because Congress did not clearly make the deadline jurisdictional, it may be subject to equitable tolling; the Court vacated the Federal Circuit’s decision and sent the case back for further proceedings.
The decision applies the Court's distinction between ordinary filing rules and rules that Congress clearly makes limits on a court's authority.
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?
What the Court decided
Holding
Section 7703(b)(1)’s 60-day filing deadline is not jurisdictional. Although the procedural rules that govern the litigation process are often phrased in mandatory terms, they are generally subject to exceptions like waiver, forfeiture, and equitable tolling. But when Congress enacts a “jurisdictional” requirement, it “mark[s] the bounds” of a court’s power, and a litigant’s failure to follow the rule “deprives a court of all authority to hear a case,” with no exceptions. Boechler v. Commissioner , 596 U. S. 199, 203. Vacated and remanded.
- Result
- Vacated
The vote
From the opinions
“deprives a court of all authority to hear a case”
What's next
The Federal Circuit must reconsider Harrow's case under the rule that the deadline is not jurisdictional (a limit on court power). It may consider whether equitable tolling is warranted.
Documents
Docket activity
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AI analysis generated: Impact Analysis
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More questions
- What did the Supreme Court rule in Harrow v. Department of Defense?
- The Court said the 60-day filing deadline is not jurisdictional. A late appeal may be considered for equitable tolling in appropriate circumstances.
- Who won Harrow v. Department of Defense?
- Harrow won on the legal question. The Court vacated the Federal Circuit's decision and returned the case for further proceedings.
- What does Harrow mean for federal employees?
- Federal employees who file late may seek equitable tolling. They are not automatically barred because the deadline does not limit the Federal Circuit's authority.
- Is the 60-day filing deadline still the law after Harrow?
- Yes. The deadline remains, but it is not jurisdictional and may be subject to equitable tolling.
- What happens next in Harrow v. Department of Defense?
- The Federal Circuit will reconsider the case. It may decide whether equitable tolling should apply to Harrow's late filing.
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.