United States Supreme Court

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Elgin v. Dept. of Treasury, 11-45

In a suit brought by federal employees discharged pursuant to 5 U.S.C. section 3328, which bars from Executive agency employment anyone who has knowingly and willfully failed to register for the Selective Service as required by the Military Selective Service Act (MSSA), 50 U.S.C. App. section 453, claiming that section 3328 is an unconstitutional bill of attainder and unconstitutionally discriminates based on sex when combined with the MSSA's male-only registration requirement, the First Circuit's dismissal for lack of jurisdiction is affirmed where the Civil Service Reform Act of 1978 (CSRA) precludes district court jurisdiction over petitioners' claims, because it is fairly discernible that Congress intended the statute's review scheme to provide the exclusive avenue to judicial review for covered employees who challenge covered adverse employment actions, even when those employees argue that a federal statute is unconstitutional.

Appellate Information

  • Decided 06/11/2012
  • Published 06/11/2012

Judges

  • Thomas

Court

  • United States Supreme Court

Counsel


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