Justices Won’t Review Board Appeal Rights For National Security Eligibility Evaluations

Denying a petition by a demoted federal employee, the U.S. Supreme Court March 31 let stand an appeals court decision that the Merit Systems Protection Board is prohibited from reviewing the merits of Defense Department determinations concerning eligibility of employees to occupy sensitive positions that implicate national security (Northover v. Archuleta, U.S., No. 13-607).

The court denied review of the U.S. Court of Appeals for the Federal Circuit’s 7-3 ruling that the MSPB improperly held that Department of the Navy v. Egan, 484 U.S. 518 (1988), limits board review only of adverse employment actions involving security clearance ...