Whether the 60-day deadline for seeking judicial review pursuant 5 U.S.C. § 7703(b)(1)(B) and the FRAP sets a bar to an appeal, as the Eleventh Circuit has concluded, or whether the Act's retroactive date precludes the enforcement of the deadline thus allowing equitable considerations such as forfeiture, waiver and tolling

QUESTIONS PRESENTED The All Circuit Review Act of 2018 (“Act”), provides that under 5 U.S.C. § 7708, a federal employee aggrieved by a final decision of the Merit Systems Protection Board (“MSPB”) who raised a claim of reprisal for whistleblowing disclosures and/or other protected activities under 5 U.S.C. § 2302(b)(8) or (b)(9)(A)(i), (B), . (C), or (D) may petition for review within “60 days” of the MSPPB’s issuance of the final decision. Additionally, the Act is retroactive to the date of November 26, 2017. In this case, Petitioner Thasha Boyd (“Ms. Boyd”), filed a Petition for Permission to Appeal the MSPB’s November 2017 order [that removed her from Federal Service]. The United States Court of Appeals for the , Eleventh Circuit dismissed the petition concluding that it was deprived of jurisdiction because the petition was filed outside of the 60-day timeframe permitted by 5 U.S.C. § 7703(b)(1)(B) and Rule 15 of the Federal Rules of Appellate Procedure (“FRAP”). The Eleventh Circuit also denied Ms. Boyd’s Petition for Rehearing and Rehearing En Banc. The questions presented are as follows: 1. Whether the 60-day deadline for seeking judicial review pursuant 5 U.S.C. § 7703(b)(1)(B) and the FRAP sets a bar to an appeal, as the Eleventh Circuit has concluded, or whether the Act’s retroactive date precludes the enforcement of the deadline thus allowing equitable considerations such as forfeiture, waiver : and tolling. . ii QUESTIONS PRESENTED Continued 2. Whether the Eleventh Circuit can enter an order barring the right to file an appeal absent analysis beyond a statute’s plain text and/or rules of the courts.