Elgin v. Department of the Treasury

The US Supreme Court held that the Civil Service Reform Act (CSRA) precludes district court jurisdiction over Elgin's claim that his removal from federal service was based on an unconstitutional statute. The procedural route prescribed by the CSRA is by appeal to the Merit Systems Protection Board (MSPB) and, if dissatisfied with the result, appeal to the Federal Circuit, whose decisions in turn are reviewable by the Supreme Court.

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, first challenged the decision before the MSPB - arguing that the statutory bar was unconstitutional - but an ALJ dismissed his case on the ground that the MSPB lacked authority to review the constitutionality of a federal statute. Rather than appealing from that decision, Elgin sued in federal district court.

The US Supreme Court held that the district court lacked jurisdiction because it is "fairly discernable" from the CSRA's text, structure, and purpose that Congress precluded district court jurisdiction over Elgin's claims. Based on CSRA's text and structure, there is no exception for constitutional challenges to federal statutes. If the MSPB lacks power to hear such claims, they can be meaningfully addressed by the Federal Circuit.

The DISSENT argued that Elgin's "constitutional claims are a far cry from the type of claim that Congress intended to channel through the [MSPB]."

Case below: Elgin v. U.S. Department of the Treasury (1st Cir 04/08/2011) (2-1)
Official docket sheet
Certiorari granted: October 17, 2011.
Oral argument: February 27, 2012.

Questions presented:

Whether the Civil Service Reform Act of 1978, 5 U.S.C. 1101 et seq., precludes petitioners from seeking equitable relief in district court based on allegations that they were unconstitutionally terminated from federal employment.

Briefs on the merits:

Certiorari Documents:

Counsel:

For Petitioners: Harvey A. Schwartz; Rodgers, Powers & Schwartz, LLP; 18 Tremont Street; Boston, MA 02108; harvey@theemploymentlawyers.com; (617) 742-7010.

For Respondents: Donald B. Verrilli Jr.; Solicitor General; United States Department of Justice; 950 Pennsylvania Avenue, N.W.; Washington, DC 20530-0001; SupremeCtBriefs@USDOJ.gov; (202) 514-2217.

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