United States v. Fausto

 
DOCKET NO.
86-595
OP. BELOW
SUBJECT
Tucker Act
AUTHOR
Scalia

Question(s) Presented

“[W]hether the Civil Service Reform Act of 1978, which affords an employee in respondent’s situation no review of the agency’s decision, precludes . . . a Claims Court suit.”

Holding

“The CSRA established a comprehensive system for reviewing personnel action taken against federal employees. Its deliberate exclusion of employees in respondent’s service category from the provisions establishing administrative and judicial review for personnel action of the sort at issue here prevents respondent from seeking review in the Claims Court under the Back Pay Act.”