No. 25-7612October Term 2025Before Arguments
Diana Zuniga Kammunkun, Petitioner v. Department of Defense
from the United States Court of Appeals for the Federal Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Federal Circuit.
Question presented
1. Whether the Fifth Amendment's guarantee of due process permits an agency official to materially revise investigative findings after the investigative process has concluded, direct adverse action based upon those revised findings, and then serve as final adjudicator of the employee's response to those revised findings? 2. Whether an appellate court may affirm rejection of a federal employee's due process claim by resolving a materially different legal question than the constitutional issue actually presented for review?
- Case path
United States Court of Appeals for the Federal Circuit / Accepted by the Court
- Area
Administrative Law
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
A federal employee is asking the Supreme Court to review whether due process lets an agency official rewrite investigative findings after an investigation ends, use those new findings to take action against the employee, and then decide the employee's challenge. The petition also asks whether an appellate court can reject that claim by answering a different legal question from the one actually presented.
Argument
The case is at the petition stage, and the Court has not scheduled oral argument.
Impact
The case could shape how much fairness federal workers get when agencies investigate and discipline them. For example, it matters whether the same official can change findings and then be the final judge of an employee's response.
What is the main dispute in Kammunkun v. Department of Defense?
The petition says an agency official changed investigative findings after the investigation ended. It asks whether that process violated the employee's Fifth Amendment rights.
Who could feel the effects of this case most?
Federal employees facing workplace investigations or discipline could be affected most. Agencies could also get clearer limits on who may change findings and who reviews objections.
What happens next in Diana Zuniga Kammunkun v. Department of Defense?
The justices must decide whether to hear the case. No oral argument is scheduled yet, and no decision window is available.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology