United States Federal Circuit

The decision by the Merit Systems Protection Board (Board) holding that the Supreme Court’s decision in Department of the Navy v. Egan, 484 U.S. 518 (1988), limits Board review only to actions involving security clearance determinations is: 1) dismissed in part as to plaintiff Conyers for lack of jurisdiction; and 2) reversed and remanded in part, where, under Egan, the Board cannot review the merits of Department of Defense national security determinations concerning eligibility of an employee to occupy a sensitive position that implicates national security.

Appellate Information

• Decided 08/20/2013
• Published 08/20/2013

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel