CARLUCCI v. DOE

No. 87-751.

488 U.S. 93 (1988)

CARLUCCI, SECRETARY OF DEFENSE, ET AL. v. DOE

Supreme Court of United States.

Decided December 6, 1988


Attorney(s) appearing for the Case

Michael K. Kellogg argued the cause for petitioners. With him on the briefs were Solicitor General Fried, Assistant Attorney General Bolton, Deputy Solicitor General Cohen, Barbara L. Herwig, and Freddi Lipstein.

John G. Gill, Jr., argued the cause and filed a brief for respondent.*


JUSTICE WHITE delivered the opinion of the Court.

The issue in this case is whether the National Security Agency (NSA) invoked the proper statutory authority when it terminated respondent John Doe, an NSA employee. The Court of Appeals held that NSA did not — a decision with which we disagree. We first describe the statutes relevant to this case.

Section 7532 of Title 5 of the United States Code, on which the Court of Appeals relied, was passed in 1950...

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