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SCOTUS grants cert on federal employment jurisdiction issue
October 17, 2011 by Ross Runkel at LawMemo
This morning the US Supreme Court granted certiorari in Elgin v. The Department of the Treasury, which raises the issue of whether the Civil Service Reform Act precludes federal district court from having jurisdiction over constitutional claims for equitable relief brought by federal employees.
A federal statute bars employment in the executive branch of male citizens who failed to register for the draft. Elgin, who had been discharged from his job, sued claiming that the statute is unconstitutional. The federal district court ruled against Elgin on the merits. The 1st Circuit (2-1) affirmed on a different ground, finding that the district court lacked jurisdiction.
The 1st Circuit held that the exclusive remedy for discharge was provided by the Civil Service Reform Act (CSRA). The procedural route prescribed by the CSRA is by appeal to the Merit Systems Protection Board and, if dissatisfied with the result, appeal to the Federal Circuit, whose decisions in turn are reviewable by the Supreme Court.
The CONCURRENCE argued that the CSRA's remedial scheme did not afford Elgin meaningful review of his colorable constitutional claim for equitable relief, so that the statute did not bar Elgin from seeking relief in federal district court.
The US Supreme Court granted certiorari to review the 1st Circuit judgment. Oral arguments will be scheduled for sometime in early 2012.
