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ELGIN v. DEPARTMENT OF TREASURY

No. 11-45.

132 S.Ct. 2126 (2012)

183 L.Ed.2d 1

Michael B. ELGIN, et al., Petitioners v. DEPARTMENT OF the TREASURY et al.

Supreme Court of United States.

Decided June 11, 2012.

Attorney(s) appearing for the Case

Harvey A. Schwartz , Boston, MA, for Petitioners.

Eric J. Feigin , Washington, DC, for Respondents.

Harvey A. Schwartz , Counsel of Record, Rodgers, Powers & Schwartz, LLP, Boston, MA, Leah M. Nicholls , Brian Wolfman , Institute for Public, Representation Georgetown University Law Center, Washington, DC, for Petitioners.

Elaine Kaplan , General Counsel, Kathie Ann Whipple , Deputy General Counsel, Steven E. Abow , Assistant General Counsel, Robin M. Richardson , Robert J. Girouard , Elizabeth Ghauri , Attorneys, Office of Personnel Management, Washington, DC, Donald B. Verrilli, Jr. , Solicitor General, Counsel of Record, Tony West , Assistant Attorney General, Sri Srinivasan , Deputy Solicitor General, Eric J. Feigin , Assistant to the Solicitor General, Marleigh D. Dover , Jeffrey Clair , Attorneys, Department of Justice, Washington, DC, for Respondents.

Justice THOMAS delivered the opinion of the Court.

Under the Civil Service Reform Act of 1978 (CSRA), 5 U.S.C. § 1101 et seq., certain federal employees may obtain administrative and judicial review of specified adverse employment actions. The question before us is whether the CSRA provides the exclusive avenue to judicial review when a qualifying employee challenges an adverse employment action by arguing that a federal statute is unconstitutional. We...

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