Whether Federal Circuit Rule 36(a) affirmances without opinion in Merit Systems Protection Board cases unconstitutionally violate Article III judicial power and the Fifth Amendment's guarantee of meaningful judicial review

Ms. Farrington's petition for rehearing en banc was similarly denied without explanation, leaving her without any substantive judicial review of the executive agency's statutory interpretation. Identification of Judgment Sought to be Reviewed The judgment sought to be reviewed was entered by the United States Court of Appeals for the Federal Circuit on February 10, 2025, in Case No. 23-1901. A copy of Exhibit A for the Federal Circuit Judgment is attached. This judgment affirmed, without opinion, per Federal Circuit Rule 36(a), the decision of the Merit Systems Protection Board (MSPB) in No. AT-122109-0543-B-2. Petitioner timely filed a Petition for Rehearing En Banc on March 28, 2025, and the denial of such review was entered on April 29, 2025 attached as Exhibit B. The 90-day period for filing a petition for a writ of certiorari, running from the denial of rehearing, will expire on July 28, 2025. Petitioner is filing this Application within the ten days before that due date. Basis for Jurisdiction in this Court This case presents questions of exceptional importance that go to Article III judicial power and the constitutional right to meaningful judicial review—issues fundamental to protecting whistleblowers and federal employees nationwide. This Court's jurisdiction is invoked under 28 U.S.C. § 1254(1). The petition for a writ of certiorari will present three questions: 1. Whether Federal Circuit Rule 36(a) affirmances without opinion in Merit Systems Protection Board cases unconstitutionally delegate Article III judicial power to the executive branch in violation of the separation of powers. The President has asserted his Article II authority to remove MSPB members without cause, hence the MSPB is under executive control. See, Trump v. Wilcox, 145 S. Ct. 1415, 1416 (2025) (“The stay reflects our judgment that the Government is likely to show that both the NLRB and MSPB exercise considerable executive power.”) Whether Federal Circuit Rule 36(a) affirmances without opinion violate the Fifth Amendment guarantee of procedural due process by denying aggrieved federal employees meaningful judicial review of agency statutory interpretations. Whether the MSPB and the circuit judges below erred as a matter of law in upholding the MSPB’s conclusion that 5 U.S.C. § 2302(f)(2) allows the executive branch to exclude Petitioner from standard whistleblower protections, despite clear evidence that her disclosures were made outside the "normal course" of her duties. These questions implicate this Court's recent emphasis in Loper Bright Enterprises v. Raimondo, 603 U.S. 369, 403 (2024), that courts must exercise independent judgment in statutory interpretation and cannot defer to agency interpretations. When courts issue dispositions without any indication of legal analysis, they effectively cede their Article II responsibilities to executive agencies, leaving federal employees without meaningful judicial review of critical statutory interpretations. Reasons Why an Extension of Time is Justified Good cause exists for the requested extension, as required by Supreme Court Rule 13.5: 1. Complexity and Constitutional Significance: The issues presented are complex constitutional questions concerning the separation of powers and fundamental due process rights. The Federal Circuit's practice of affirming MSPB decisions without opinion raises novel and significant questions about the proper scope of judicial review over executive agency actions, particularly in light of this Court's recent jurisprudence. Thorough legal research and careful drafting are required to fully articulate these arguments in a manner most helpful to the Court. Petitioner's Low-income Status a