In Uncategorized on 10/01/2022 at 02:53

When we left Mandy Mobley Li, 22 F.4th 1014 (DC Cir, 2022), she had laid waste to whistleblowers near and far. Among the decimated was that indefatigable hunchmerchant and public info overhauler Suzanne Jean McCrory, Docket No. 9922-19W, filed 9/30/22.

Judge Elizabeth A. (“Tex”) Copeland tossed Suzanne’s petition overboard to Liward (sorry, guys) back on 7/6/22. I never bothered to blog the order, as it was the usual no-cash, no-jurisdiction post-Li story.

Well, Mandy Mobley to the rescue, shouting once again the motto of a famous Highland regiment first set forth at the head hereof, as my high-priced colleagues would say.

Judge Elizabeth A. (“Tex”) Copeland has the story. When Suzanne got tossed, she had moved for partial summary J, and IRS had moved for leave to amend the answer. Judge Tex Copeland then held both motions moot.

“In issuing the July 6, 2022, order, we relied on the opinion of the Court of Appeals for the District of Columbia Circuit in Li v. Commissioner, 22 F.4th 1014 (D.C. Cir. 2022), holding that we lack subject matter jurisdiction over whistleblower cases, like this one, that involve a rejection of a claim for a whistleblower award. We stated that the judgment in Li was final.”On August 30, 2022, the Supreme Court docketed a petition for writ of certiorari as of June 16, 2022. Because a party timely sought a writ of certiorari, Li is not final. We accordingly will vacate our July 6, 2022, order. In so doing, we reopen this case, reverse our decision to deny the two pending filings at the time as moot, and hold those filings in abeyance until the Supreme Court issues a decision in Li.” Order, at p. 1.

See Section 7481 for what happens when “a party” petitions for cert.

And see what odds the bookies are giving for Mandy Mobley. If you’re a longshot bettor, she might be worth a play.


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