· 3/30/2011
Bennett v. Merit System Protection Board
Citations
- 635 F.3d 1215
- 2011 U.S. App. LEXIS 6416
- 2011 WL 1137290
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that Congress enacted the Due Process Amendments in response to the Supreme Court’s decision in Fausto, where the Court held-that the CSRA precluded judicial review for non-preference eligible members of the excepted service
- holding that a statute that 10 explicitly included the authority to appoint and remove without regard to the provisions of Title 5 governing appointments in the competitive service was sufficient to exempt the position from Board appeal rights
- finding that the Secretary’s authority to remove employees under the appointment statute in Chavez distinguished Chavez from Briggs where such authority was not specified
Source: CourtListener parenthetical corpus (CC0).
Judges: Gajarsa, Prost, Moore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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