United States Ninth Circuit

In an action brought by a union and employee against the Administrator of the Transportation Security Administration alleging it violated their First Amendment rights by disciplining and then discharging plaintiff, a TSA security screener, for engaging in union activities, dismissal of the action for lack of subject matter jurisdiction is reversed as, contrary to the holding below, the statutory scheme governing plaintiff's employment does not clearly state an intention on the part of Congress to preclude judicial review of constitutional claims.

Appellate Information

• Argued 01/11/2007
• Decided 09/05/2007
• Published 09/05/2007

Judges

• WILLIAM A. FLETCHER, Circuit Judge:, Before:  A. WALLACE TASHIMA and W. FLETCHER, Circuit Judges, and H. RUSSEL HOLLAND, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark D. Roth, Joe Goldberg, Gony Frieder, American Federation of Government Employees AFL-CIO, Washington, DC, for the appellants.


• For Appellees:
  
• William G. Kanter, Mark W. Pennak, U.S. Department of Justice, Washington, DC, for the appellees.