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On December 10, 2012 the Supreme Court announced its decision in Kloeckner v. Solis.  The case considered whether the U.S. Court of Appeals for the Federal Circuit or a U.S. District Court has jurisdiction over decisions of the Merit Systems Protection Board when a federal employee both disputes her termination and brings a claim of unlawful discrimination, and the Board resolves her case without reaching the merits of her discrimination claims.

In an opinion delivered by Justice Kagan, the Court held unanimously that a federal employee who contends that an agency action violated an antidiscrimination statute should seek judicial review in a U.S. district court and not the Federal Circuit, regardless of whether the agency resolved the case on the merits or on procedural grounds.

To discuss the case, we have A. Christopher Bryant, who is a Professor of Law at the University of Cincinnati College of Law.

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