Opinion
1078-20W
09-19-2022
LOIS WESTON HART AND ROBIN LEONA MOULTON, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge
On August 10, 2022, we ordered that this case be dismissed for lack of jurisdiction. In so ordering, we relied on the opinion of the Court of Appeals for the District of Columbia's opinion 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. In our order of dismissal, 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. Accordingly, it is
ORDERED that the Court's order of dismissal dated August 10, 2022, is vacated.
The parties are reminded that the proceedings in this case are stayed, pursuant to the Court's Order served April 28, 2022, pending a final judgment in Li.