Perry v. Merit Systems Protection Board

SRINIVASAN, Circuit Judge:

"When a federal agency takes a significant adverse employment action against an employee, the employee can appeal to the Merit Systems Protection Board. If the Board then rules against the employee, she can seek review of the Board’s decision in a federal court. But which federal court? That is the question we confront in this case. There are two possible answers: the Federal Circuit or a federal district court.

As a general matter, Board decisions are reviewed in the Federal Circuit. An exception to that default rule arises with so-called “mixed cases.” Mixed cases…