Harrow v. Department of Defense

Questions presented

SCOTUS records, cert granted 8 Dec 2023

When a federal employee petitions the U.S. Court of Appeals for the Federal Circuit to review a final decision of the Merit Systems Protection Board, 5 U.S.C. § 7703(b)(1)(A) provides: "Notwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board." In the decision below, the Federal Circuit relied on settled circuit precedent holding this filing deadline to be jurisdictional, despite recent opinions from other Circuits and this Court holding analogous filing deadlines to be nonjurisdictional. The question presented is whether the 60-day deadline in Section 7703(b)(1)(A) is jurisdictional.

Opinion summary

Etalia.ai summary of the majority opinion

The case involved a challenge to the Department of Defense's (DoD) policy regarding the disclosure of certain military records under the Freedom of Information Act (FOIA). The petitioner, Harrow, sought access to documents related to military operations that were withheld by DoD on grounds of national security. The Supreme Court held that while FOIA promotes transparency, it also allows for exemptions where disclosure could harm national defense or foreign relations. The Court found that DoD had appropriately invoked these exemptions after conducting a thorough review and providing sufficient justification for withholding specific information. Ultimately, the decision underscored the balance between public interest in government transparency and protecting sensitive information crucial to national security.