1. “Whether a federal agency denies a tenured career employee their Fifth Amendment due process rights when it terminates them using the summary procedures reserved for a probationary employee, and whether the U.S. Court of Appeals for the Federal Circuit errs by affirming a lower decision that fails to adjudicate this constitutional and procedural violation.”
2. “Whether the evidentiary framework for a whistleblower reprisal claim is fatally undermined when the agency’s evidence of a legitimate, non-retaliatory reason for termination was developed through a process that improperly stripped the employee of their statutory due process rights to challenge that evidence.”
