No. 23A701

Martin Akerman v. Merit Systems Protection Board

Lower Court: Federal Circuit
Docketed: 2024-01-30
Status: Denied
Type: A
Experienced Counsel
Tags: agency-deference due-process employment-law national-security security-clearance whistleblower-protection
Latest Conference: 2024-03-01
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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

Docket Entries

2024-03-04
Application (23A701) denied by the Court.
2024-02-14
DISTRIBUTED for Conference of 3/1/2024.
2024-02-14
Application (23A701) referred to the Court.
2024-02-03
Application (23A701) refiled and submitted to Justice Gorsuch.
2024-02-02
Application (23A701) denied by The Chief Justice.
2024-01-24
Application (23A701) for a stay, submitted to The Chief Justice.

Attorneys

Martin Akerman
Martin Akerman — Petitioner
Merit Systems Protection Board
Elizabeth B. PrelogarSolicitor General, Respondent