The Supreme Court recently issued its opinion in Harrow v. Department of Defense. In this case, the Court reviewed a judgment from the Federal Circuit, which originally stemmed from a decision by the Merit Systems Protection Board. The Federal Circuit had held that the 60-day statutory deadline for Harrow to file his petition for review was a “jurisdictional requirement” and thus “precludes equitable exceptions.”

In a unanimous decision authored by Justice Kagan, the Supreme Court vacated and remanded the Federal Circuit's judgment. The Court held that the 60-day deadline is not a jurisdictional requirement and therefore does not preclude equitable exceptions.

In this episode, Mark and Jenin discuss how this decision could affect Metal Conversion Technologies, LLC v. United States Department of Transportation, a case for which the NCLA has filed a cert petition.