Harrow v. Department of Defense (601 U.S. 480)
U.S. Supreme Court · decided May 16, 2024 · Supreme Court Database (Spaeth)
- Citation
- 601 U.S. 480 · 144 S. Ct. 1178
- Decided
- May 16, 2024
- Term
- October Term 2023
- Vote
- 9–0
- Majority author
- Justice Kagan
- Issue area
- Judicial Power
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2023 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus HARROW v. DEPARTMENT OF DEFENSE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 23–21. Argued March 25, 2024—Decided May 16, 2024 When the Department of Defense furloughed petitioner Stuart Harrow for six days, he challenged that decision before the Merit Systems Pro- tection Board. After a five-year delay, the Board ruled against him. Harrow had the right to appeal that decision to the Court of Appeals for the Federal Circuit, provided he did so “within 60 days” of the Board’s final order. 5 U. S. C. §7703 (b)(1). But Harrow did not learn about the Board’s decision until the 60-day period to appeal had run, and filed his appeal late. Given the circumstances, Harrow asked the Federal Circuit to overlook his untimeliness and equitably toll the fil- ing deadline. But the Circuit, believing that the deadline was an un- alterable “jurisdictional requirement,” denied his request. Held: Section…
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