The U.S. Court of Appeals for the Federal Circuit has ordered the transfer of a discrimination case involving NASA employee Timothy Morris to the U.S. District Court for the Middle District of Florida, finding that federal district courts have proper jurisdiction over the employment discrimination claims.
The case, *Morris v. National Aeronautics and Space Administration* (Fed. Cir. 2026), stems from Morris's challenge to a Merit Systems Protection Board decision that joined and dismissed three appeals from alleged personnel actions. The Federal Circuit issued a nonprecedential order on Jan. 22, 2026, directing the transfer after determining that Morris had raised discrimination claims that fall outside the court's jurisdiction.
According to the court's order, Morris's submissions indicated he raised discrimination claims before the Merit Systems Protection Board and wishes to pursue those claims. The Federal Circuit directed both parties to show cause whether the matter should be transferred to federal district court, which has exclusive jurisdiction over such discrimination cases.
NASA responded in favor of the transfer, while Morris did not respond to the court's show cause order. The Federal Circuit noted that both parties appear to agree that Morris alleged the challenged employment actions were based at least in part on covered discrimination.
The transfer is mandated by federal law governing employment discrimination cases. Under 5 U.S.C. § 7703(b)(2), federal district courts, not the Federal Circuit, have jurisdiction over cases of discrimination subject to the provisions of 5 U.S.C. § 7702. This statute governs cases that involve both an allegation of an action appealable to the Merit Systems Protection Board and an allegation that a basis for the action was covered discrimination.
The Federal Circuit cited the Supreme Court's decision in *Perry v. Merit Systems Protection Board* (2017), which clarified the jurisdictional framework for employment discrimination cases involving federal employees. In *Perry*, the Supreme Court held that when a federal employee alleges both a personnel action appealable to the Merit Systems Protection Board and claims that the action was based on discrimination, the case must be filed in federal district court rather than appealed to the Federal Circuit.
The Merit Systems Protection Board originally handled Morris's case under case numbers AT-0752-22-0094-I-1, AT-0731-22-0113-I-1, AT-531D-22-0094-I-1, and AT-3443-22-0114-I-1. The board's decision to join and dismiss the three appeals prompted Morris to seek judicial review before the Federal Circuit under case numbers 2025-1966 and 2025-1965.
The three-judge panel consisting of Circuit Judges Stoll, Wallach, and Cunningham issued the transfer order per curiam, meaning the decision was unanimous and unsigned. The court found it appropriate to transfer the case to the Middle District of Florida, though the order does not specify the reasoning for selecting that particular district.
This transfer reflects the complex jurisdictional framework governing federal employment disputes. When federal employees challenge personnel actions, they typically must first appeal to the Merit Systems Protection Board. However, when discrimination claims are involved, the case must be pursued in federal district court, which has broader authority to address civil rights violations.
The procedural history suggests Morris initially pursued his claims through the administrative process before the Merit Systems Protection Board, which is the standard first step for federal employees challenging personnel actions. The board's decision to dismiss his appeals led Morris to seek judicial review, but the presence of discrimination claims triggered the jurisdictional transfer requirement.
NASA's support for the transfer indicates the agency recognizes the appropriate forum for resolving discrimination claims. Federal agencies often prefer having employment discrimination cases heard in district court, where established civil rights procedures and remedies are available.
The case highlights the importance of understanding proper jurisdiction when federal employees face adverse personnel actions that may involve discrimination. While the Merit Systems Protection Board handles many federal employment disputes, discrimination cases require the specialized civil rights jurisdiction of federal district courts.
For Morris, the transfer means his case will now proceed in the Middle District of Florida, where he will have access to the full range of federal civil rights remedies. District courts can award damages, attorney fees, and other relief not available through the Merit Systems Protection Board process.
The nonprecedential nature of the Federal Circuit's order means it will not serve as binding precedent for future cases, though it reflects the court's consistent application of established jurisdictional rules. The transfer ensures Morris's discrimination claims will be heard by the appropriate court with proper jurisdiction to address federal employment discrimination matters.
The case now moves to the district court phase, where Morris will need to properly plead his discrimination claims and NASA will have the opportunity to respond to the allegations in the appropriate federal forum for such disputes.