BRIGGS v. MERIT SYSTEMS PROTECTION BD.

No. 02-3217.

331 F.3d 1307 (2003)

Tom BRIGGS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and United States, Intervenor.

United States Court of Appeals, Federal Circuit.

DECIDED: June 11, 2003.


Attorney(s) appearing for the Case

Matthew S. Yeo, Steptoe & Johnson LLP, of Washington, DC, argued for petitioner. With him on the brief was James C. Bailey.

Jeffrey A. Gauger, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With him on the brief was Martha B. Schneider, Acting General Counsel.

Todd M. Hughes, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for intervenor. With him on the brief was David M. Cohen, Director. Of counsel were Jeanne E. Davidson, Assistant Director; and E. Michael Chiaparas, Attorney.

Before LOURIE, SCHALL, and PROST, Circuit Judges.


LOURIE, Circuit Judge.

Tom Briggs appeals from the decision of the Merit Systems Protection Board granting summary judgment that Briggs violated the Hatch Act and ordering the District of Columbia Public Schools ("DCPS") to remove Briggs from his teaching position. Special Counsel v. Briggs, No. CB-1216-01-0002-T-1, 91 M.S.P.R. 669, 2002 WL 523228 (MSPB Mar. 25, 2002). Because Briggs's attacks on the constitutionality of the Hatch Act are not meritorious, we...

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