facebook
twitter
rss
account
search
search
 

Supreme Court: Fired Fed workers can't sue

June 11, 2012 at 11:07 AM   |   Comments

WASHINGTON, June 11 (UPI) -- The U.S. Supreme Court Monday ruled federal employees cannot sue in the courts for dismissal from their jobs for failing to comply with a law.

The court held 6-3 the Civil Service Reform Act of 1978 limits redress to the Merit Systems Protection Board.

The decision stemmed from a suit filed by Michael B. Elgin, who had been dismissed from a Civil Service job at the U.S. Department of Treasury for failing to register for the draft. He had argued the Military Selective Service Act was unconstitutional because the law requires only that men register.

The court said, however, in a decision written by Justice Clarence Thomas, "Congress intended [CSRA]'s review scheme to provide the exclusive avenue to judicial review for covered employees who challenge covered adverse employment actions, even when those employees argue that a federal statute is unconstitutional."

In his dissent, Justice Samuel Alito argued the courts' right to review administrative decisions is well established.

"In this case, however, the majority relies on a very weak set of inferences to strip the courts of their original jurisdiction over petitioners' claims," Alito said, joined by Justices Ruth Bader Ginsburg and Elena Kagan.

© 2012 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.
Recommended UPI Stories
Most Popular
1
Sen. Mary Landrieu uses mom's home as Louisiana address
2
China questions Americanism in SATs
3
Dairy Queen hit by Backoff malware breach
4
Plague bomb data found on seized Islamic State laptop
5
St. Paul police arrest a black man for sitting on a bench waiting for his children
Trending News
Video
x
Feedback