Plain-English summary
Court unanimously holds the 60‑day appeal deadline for Merit Systems Protection Board decisions is not jurisdictional
In Harrow v. Department of Defense, the Supreme Court unanimously held that 5 U.S.C. § 7703(b)(1)’s 60‑day filing deadline to seek review in the Federal Circuit is not jurisdictional. The Court vacated and remanded the Federal Circuit judgment, treating the time limit as a claim‑processing rule rather than a jurisdictional bar.
Why this matters
The decision changes how late-filed appeals from MSPB decisions are handled. If a time limit is jurisdictional, courts must dismiss late cases no matter the circumstances. By treating the 60‑day limit as nonjurisdictional, courts have more flexibility to consider excuses (for example, equitable tolling or waiver) and decide cases on the merits when fairness permits.
Who may feel it
- Federal employees who appeal adverse personnel decisions to the Federal Circuit
- Departments and agencies that defend adverse personnel actions
- Attorneys litigating MSPB and Federal Circuit appeals
- Courts that handle administrative-appeal deadlines
Key questions
- Is the 60‑day statutory deadline in 5 U.S.C. § 7703(b)(1)(A) jurisdictional, meaning courts lose power to hear a case filed after that period?