Does the Supreme Court’s decision in Dept. of the Navy v. Egan, 484 U.S. 518 (1988), limit Merit System Protection Board review only to actions involving security clearance determinations, i.e., “determinations concerning eligibility of access to classified information?”
“Egan . . . is not so limited. Egan’s principles prohibit Board review of the Department of Defense’s (‘DoD’ or the ‘Agency’) determinations concerning eligibility of an employee to occupy a ‘sensitive’ position, regardless of whether the position requires access to classified information.”
