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Decided

Elgin v. Dep’t of the Treasury

Docket No.11-45
Op. Below1st Cir.
ArgumentFeb 27, 2012

Holding

The Civil Service Reform Act provides the exclusive avenue to judicial review when a qualifying federal employee challenges an adverse employment action by arguing that a federal statute is unconstitutional.

Judgment

Affirmed, 6-3, in an opinion by Clarence Thomas on Jun 11, 2012. Justice Alito filed a dissenting opinion, which was joined by Justices Ginsburg and Kagan.

Merits Briefs for the Petitioner

Amicus Briefs in Support of the Petitioners

Merits Briefs for the Respondents

[##CERT-STAGE##]

Proceedings & orders timeline

Jul 7, 2011
Petition for a writ of certiorari filed. (Response due August 10, 2011)
Aug 2, 2011
Order extending time to file response to petition to and including September 9, 2011.
Sep 9, 2011
Brief of respondents Department of the Treasury, et al. in opposition filed.
Sep 20, 2011
Reply of petitioners Michael B. Elgin, et al. filed. (Distributed)
Sep 21, 2011
DISTRIBUTED for Conference of October 7, 2011.
Oct 11, 2011
DISTRIBUTED for Conference of October 14, 2011.
Oct 17, 2011
Petition GRANTED.
Nov 22, 2011
The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 8, 2011.
Nov 22, 2011
The time to file respondents' brief on the merits is extended to and including January 17, 2012.
Dec 8, 2011
Joint appendix filed. (Statement of costs filed)
Dec 8, 2011
Brief of petitioners Michael B. Elgin, et al. filed.
Dec 15, 2011
Brief amicus curiae of Elaine Mittleman filed. (Distributed)
Dec 19, 2011
SET FOR ARGUMENT ON Monday, February 27, 2012.
Dec 27, 2011
Record received from U.S.C.A. for 1st Circuit. (1 box)
Dec 29, 2011
Record received from U.S.D.C. for District of Massachusetts. (1 box)
Jan 3, 2012
CIRCULATED.
Jan 17, 2012
Brief of respondents Department of the Treasury, et al. filed. (Distributed)
Feb 13, 2012
Reply of petitioners Michael B. Elgin, et al. filed. (Distributed)
Feb 27, 2012
Argued. For petitioners: Harvey A. Schwartz, Boston, Mass. For respondents: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 11, 2012
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Breyer, and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined.
Jul 13, 2012
JUDGMENT ISSUED.
Jul 17, 2012
Record returned to U.S.C.A. for First Circuit.
Jul 17, 2012
Record returned to U.S.D.C. for District of Massachusetts.

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