Elgin v. Dep’t of the Treasury

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-45	1st Cir.	Feb 27, 2012 Tr.Aud.	TBD	TBD	TBD	OT 2011

Issue: Whether the Civil Service Reform Act impliedly precludes federal district courts from having jurisdiction over constitutional claims for equitable relief brought by federal employees.

Plain English Issue: Under a federal law known as the Civil Service Reform Act, a federal employee who wants to challenge his firing must usually do so before the Merit Systems Protection Board, an independent government agency; from there, he can appeal to the United States Court of Appeals for the Federal Circuit. At issue in this case is whether the Act prohibits an employee from going to a federal district court to challenge his firing as unconstitutional, even if the Board cannot rule on the constitutionality of the statute that led to his firing.

SCOTUSblog Coverage

• Argument summary: Facial challenges, the MSPB, and an “absolutely weird” theory of administrative review
• Argument preview: The CSRA and the right to vindicate constitutional claims
• Plain English: Recent grants
• Another test of First Amendment
• Petition of the day

Briefs and Documents

Merits Briefs for the Petitioner

• Brief for Michael B. Elgin
• Reply for Michael B. Elgin

Amicus Briefs in Support of the Petitioners

• Brief for Elaine Mittleman

Merits Briefs for the Respondents

• Brief for Department of the Treasury, et al.

Certiorari-stage documents

• Opinion below (1st Cir.)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply