Margolin v. NAIJ · ¶7
Respondent challenged the policy in the Eastern District of Virginia, asserting violations of its members' First and Fifth Amendment rights. This Court has held that, under the Civil Service Reform Act of 1978 (CSRA), 92 Stat. 1122, 1125, 5 U. S. C. §§ 1205, 1206, Congress intended federal employees to bring most work-related grievances to the Merit Systems Protection Board (MSPB) and the Special Counsel—not to federal district court. See United States v. Fausto, 484 U. S. 439, 455 (1988); Elgin v. Department of Treasury, 567 U. S. 1, 11–12 (2012). Respondent thus accepted that “the CSRA channels judicial review of challenges to covered employment actions” to the MSPB. Opposition to Motion to Dismiss in No. 1:20–cv–731 (ED Va.), ECF Doc. 72, pp. 2–3. It argued only that its members' constitutional claims were not the kind of work-related claims that Congress intended to steer out of…Read in context ›
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