No. 25A26

Martin Akerman v. Merit Systems Protection Board

Lower Court: Federal Circuit
Docketed: 2025-07-08
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: administrative-record agency-misconduct judicial-review merit-systems-protection-board settlement-agreement whistleblower
Key Terms:
AdministrativeLaw ERISA DueProcess HabeasCorpus Punishment Privacy
Latest Conference: N/A
Question Presented (AI Summary)

Whether an administrative agency's intentional spoliation of the underlying record can invalidate an appellate judgment and require judicial review of agency misconduct

Question Presented (OCR Extract)

e Whether an appellate court’s judgment may stand when extrinsic evidence reveals that the underlying administrative record was corrupted by the adjudicating agency’s own spoliation of evidence. e Whether the Merit Systems Protection Board (MSPB) exercises “considerable executive power,” as that term is used in Trump v. Wilcox, 605 U.S. _ (2025), or functions as a “quasi-judicial” body when it acts as counsel for the Department of Defense in federal court, and what level of deference its procedural findings are owed in light of such actions. e Whether a federal district court, possessing evidence of agency misconduct and a breached settlement agreement, is the proper forum to order a global resolution, including a consolidated remand of related whistleblower claims to the MSPB for adjudication on a clean record.

Docket Entries

2025-09-05
Application (25A26) referred to the Court.
2025-09-05
Application (25A26) denied by the Court.
2025-07-16
Application (25A26) refiled and submitted to Justice Kagan.
2025-07-11
Application (25A26) denied by The Chief Justice.
2025-06-16
Application (25A26) for a stay, submitted to The Chief Justice.

Attorneys

Martin Akerman
Martin Akerman — Petitioner
Merit Systems Protection Board
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent