Perry v. Merit Systems Protection Bd.

Background

Anthony Perry, a former Census Bureau employee, challenged a suspension and his retirement as unlawful and discriminatory. He appealed to the Merit Systems Protection Board (MSPB), which said it lacked jurisdiction because a settlement made his separation voluntary. Lower courts disagreed about where he should seek judicial review, and the D.C. Circuit sent the case toward the Federal Circuit.

Reasoning

The Court considered where someone bringing a "mixed case"—a serious personnel action plus an allegation of discrimination—should seek review when the MSPB dismisses for lack of jurisdiction. Relying on this Court’s prior decision in Kloeckner, the majority held that district court review is proper for mixed cases even when the Board characterizes its dismissal as "jurisdictional." The Court explained that a nonfrivolous allegation that an action was appealable to the MSPB makes the claim a mixed case and that sending different parts of the same dispute to separate courts would cause delay, expense, and fragmented litigation. The opinion preserved the Federal Circuit as the forum for cases that present only civil-service claims.

Real world impact

Federal employees who allege both a serious personnel action and discrimination can seek review in federal district court even after the MSPB says it lacks jurisdiction. The ruling reduces the need to split closely related claims between two appellate tracks and aims to speed resolution for employees. The decision reversed the D.C. Circuit and sent the case back for further proceedings.

Dissents or concurrances

Justice Gorsuch (joined by Justice Thomas) dissented, arguing the Court should follow the statute’s text and leave jurisdictional questions to the Federal Circuit, warning against judicial reworking of the statute.