Elgin v. Department of Treasury (567 U.S. 1)
U.S. Supreme Court · decided June 11, 2012 · Supreme Court Database (Spaeth)
- Citation
- 567 U.S. 1 · 132 S. Ct. 2126
- Decided
- June 11, 2012
- Term
- October Term 2011
- Vote
- 6–3
- Majority author
- Justice Thomas
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Thomas delivered the opinion of the Court. Under the Civil Service Reform Act of 1978 (CSRA), 5 U. S. C. § 1101 et seq., certain federal employees may obtain administrative and judicial review of specified adverse employment actions. The question before us is whether the CSRA provides the exclusive avenue to judicial review when a qualifying employee challenges an adverse employment action by arguing that a federal statute is unconstitutional. We hold that it does. I The CSRA “established a comprehensive system for reviewing personnel action taken against federal employees.” United States v. Fausto, 484 U. S. 439, 455 (1988). As relevant here, Subchapter II of Chapter 75 governs review of major adverse actions taken against employees “for such cause as will promote the efficiency of the service.” 5 U. S. C. §§ 7503(a), 7513(a). Employees entitled to review are those in the “competitive service” and “excepted service” who meet certain requirements regarding probationary periods and years of service. § 7511(a)(1). The reviewable agency actions are removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less. §7512. When an employing agency proposes a covered action against a covered employee, the CSRA gives the employee the right to notice, representation by counsel, an opportunity to respond, and a written, reasoned decision…
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