Supreme Court of the United States
Harrow v. Department of Defense
May 16, 2024601 U.S. 480
Summary
The Supreme Court held that the 60‑day filing deadline in 5 U.S.C. §7703(b)(1) is a procedural, non‑jurisdictional requirement, and that the phrase “pursuant to” in 28 U.S.C. §1295(a)(9) does not make the deadline jurisdictional; consequently it vacated the Federal Circuit’s judgment and remanded for further proceedings.
Holding
- Whether the 60‑day filing deadline in 5 U.S.C. §7703(b)(1) is a jurisdictional requirement.. The deadline is not jurisdictional; it is a procedural time bar subject to equitable tolling and other doctrines.
- Whether the phrase “pursuant to” in 28 U.S.C. §1295(a)(9) makes compliance with §7703(b)(1)’s deadline a jurisdictional prerequisite.. The phrase “pursuant to” does not require strict compliance with the deadline; it merely identifies the statutory basis for the appeal.
- Whether the Bowles v. Russell jurisdictional exception applies to an agency appeal such as Harrow’s.. Bowles does not apply because it is limited to appeals from one Article III court to another.