By Manny Marotta

Caryn Strickland filed a reply brief Monday in her case that’s pending before the Supreme Court. This was in response to the Justice Department’s  brief in opposition that was filed two weeks prior.

In her reply, Strickland argues that, contrary to what DOJ told the Court, both questions presented in her petition — whether the judiciary’s internal employment dispute resolution system violates the Fifth Amendment and the Congressional Accountability Act of 1995 — were raised and considered by lower courts.

She says the DOJ mischaracterizes her constitutional claim as a challenge to Congress’s decision to exclude judicial branch employees from Title VII, when her argument is that the Constitution requires the judiciary to provide equivalent substantive protections.

The reply also disputes the DOJ’s contention that Strickland’s decision to withdraw from the internal process makes her case “a decidedly unsuitable vehicle” for Supreme Court review.

She argues that the process’ potential delays, uncertain remedies and internal review structure give employees good reason to abandon it. Citing a 2025 report from the Federal Judiciary Workplace Conduct Working Group, she notes that between 64 and 73 percent of respondents who reported experiencing wrongful conduct did not use the internal process (p. 12), and fewer than 20 percent of those who did believed their complaints were “thoroughly and impartially investigated” (ibid.)

Strickland further argues that the court has an institutional interest in resolving questions about the administration of its own branch, and that it is difficult for these claims to reach appellate review.

Fix the Court supports Strickland’s effort to secure stronger workplace protections for federal judiciary employees and hopes the justices grant cert.

Also this week, the Court announced that the justices would review this case at their Nov. 13 conference.