Martin Akerman v. Merit Systems Protection Board
Recognizing the misuse of security clearance decisions as tools for tyranny and retaliation, Congress enacted Public Law 117-103 on March 15, 2022, Attachment F. This raises pivotal legal questions:
• How does this legislation alter the protections for federal employees facing 'for cause' adverse actions under 5 U.S.C. § 7513(d), in the context of the legal framework from Department of the Navy v. Egan, 484 U.S. 518, 525 (1988)?
• Should the Egan precedent, 484 U.S. 518 (1988), continue to guide the removal of national security whistleblowers, especially considering the integration of whistleblower protections under 50 U.S.C. § 3341G)(8), due process rights, and the investigative adequacy requirements and legal framework of 5 U.S.C. § 2302(b)(8)?
• When Congress explicitly provides alternative directives, as predicted in Department of the Navy v. Egan, 484 U.S. 518, 530 (1988), is it permissible within Chevron deference for the Merit Systems Protection Board to overlook its obligations in interpreting and applying laws concerning employee protections and whistleblower rights?
Whether the Supreme Court should reconsider the Egan precedent regarding national security whistleblower protections and the scope of agency discretion in security clearance and employment decisions