Thursday, May 23, 2013

Webster v. Doe case brief

Webster v. Doe case brief
486 U.S. 592, 108 S. Ct. 2047, 100 L. Ed. 2d 632, 3 IER Cases 545, 46 FEP Cases 1671 (1988)

CASE SYNOPSIS: United States Supreme Court granted certiorari to review a judgment of the United States Court of Appeals for the District of Columbia Circuit in order to decide whether termination decisions of the Central Intelligence Agency (CIA), under § 102(c) of the National Security Act of 1947, were judicially reviewable under the Administrative Procedures Act (APA) in respondent employee's action against petitioner Director of the CIA under the APA.

FACTS: After his employment with the CIA was terminated, the employee filed an action against the CIA, alleging various constitutional violations. The district court denied the CIA's motion to dismiss the action and granted the employee's motion for partial summary judgment. The appellate court vacated the district court's judgment and remanded the case for further proceedings. The Supreme Court found that 5 U.S.C.S. § 706 precluded judicial review of an agency termination decision. Accordingly, the Supreme Court found that the appellate court erred in finding the employee's termination reviewable. However, the Supreme Court found that § 102(c) of the National Security Act of 1947 did not preclude judicial review of the employee's constitutional claims.

CONCLUSION: The order finding that the CIA's termination decision was reviewable was affirmed as to the employee's constitutional claims, reversed as to the finding that terminations by the CIA were reviewable under the APA, and remanded for further proceedings.

---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...