Supreme Court to Decide If Civil Service Reform Act Is Exclusive Remedy for Federal Employees’ Constitutional Claims

Kollman & Saucier
Kollman & Saucier
10/18/2011

On October 17, 2011, the United States Supreme Court granted certiorari to decide whether the Civil Service Reform Act (“CSRA”) is the exclusive remedy for a former federal employee contending that his constitutionally rights were violated.  (Elgin v. Dep’t of the Treasury, U.S., No. 11-45, cert. granted 10/17/11).  Four former federal employees, who were employed by the Treasury Department, FDIC and Department of Interior, filed a suit for reinstatement after they were discharged under a statute that prohibits federal employment of an individual who “knowingly and willingly” fails to register with the Selective Service.  The plaintiffs claim that the underlying statute is unconstitutional because (1) it imposes a punishment with the right to a trial and (2) it applies only to 18 to 26 year old men.  The Court of Appeals for the First Circuit held that it and the district court lacked jurisdiction because the federal employees were required to bring their claims under the CSRA and bring them first before the Merit Systems Protection Board.  The decision to grant certiorari appears to be based on a split in the circuits, some of which hold that CSRA does not preclude federal district court jurisdiction over constitutional claims.  The case will likely be argued in early 2012, with a decision next summer.

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