MORSE v. MERIT SYSTEMS PROTECTION BD.

Attorney(s) appearing for the Case

Steven L. Herrick , Tully Rinckey P.L.L.C., of Washington, DC, argued for petitioner.

Jeffrey A. Gauger , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With him on the brief were James M. Eisenmann , General Counsel, and Keisha Dawn Bell , Deputy General Counsel.

Scott D. Austin , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for intervenor. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director. Of counsel on the brief was Steven M. Tapper , Senior Counsel, Office of the Chief Counsel, Transportation Security Administration, of Atlanta, Georgia.

Before RADER, Chief Judge, NEWMAN and MOORE, Circuit Judges.