Petitions / Supreme Court Activity
on

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the respondent’s merits brief was filed in Feliciano v. Department of Transportation. While no new petitions were filed, a waiver of the right to respond was filed in a pro se case. In addition, the Court denied the petitions in six patent cases, one takings case, and three pro se cases. Here are the details.

Granted Case

New Response

Since our last update, the Department of Transportation filed its merits response brief in Feliciano v. Department of Transportation. The petition presented the following question:

  • “Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency.”

Now, in its response brief, the Department of Transportation argues that “[s]tatutory text, context, and structure demonstrate that servicemembers are entitled to differential pay only if they are called to active duty in the course of a national emergency—not merely while an unrelated emergency declaration happens to be in effect.” According to the government, “Congress’s repeated amendments adding other types of active-duty service to . . . [10 U.S.C. §] 101(a)(13)(B) and . . . [5 U.S.C. §] 5538 would have been unnecessary if the statute already encompassed all such service.”

Petition Cases

Waiver of the Right to Respond

A waiver of the right to respond was filed in W.J. v. Becerra, a pro se case presenting the following question:

  • “Whether the three-year tolling provision of 28 U.S.C. § 2501 applies to legally disabled petitioners who bring claims before the United States Court of Federal Claims under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.”

Denials

The Supreme Court denied certiorari in ten cases: