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Wedging Open The Courthouse Doors: Federal Employee Access To Judicial Review Of Constitutional And Statutory Claims, Barbara A. Atkin, Elaine Kaplan, Gregory O'Duden

Barbara A. Atkin

This article addresses, in a comprehensive fashion, jurisdictional barriers that federal employees face in obtaining judicial review of statutory and constitutional claims. Many statutory claims that employees had previously brought in federal court are now precluded entirely by the Civil Service Reform Act of 1978. Courts, however, retain jurisdiction where there are independent jurisdictional bases for review. They also traditionally have preserved their jurisdiction to grant equitable relief for constitutional violations. Determination of those types of government action for which Congress intended the CSRA remedies to be exclusive has been hotly litigated. In addition, even when the claims are not …