Elgin v. Department of Treasury

[1] Additionally, the Court held that the Act bars federal district courts from ruling on matters related to the act including adverse employment actions of the federal departments, and allows the Merit Systems Protection Board to hear constitutional arguments for wrongful employee severance and adverse employment actions.

[2] It was a 6–3 decision, with the majority opinion delivered by Justice Clarence Thomas.

Michael B. Elgin and several other employees of the U.S. Department of the Treasury were fired for willingly and knowingly failing to register for the Selective Service, pursuant to 5 U.S.C.

[1] Elgin challenged his discharge before the Merit Systems Protection Board, claiming such a requirement is unconstitutional being a bill of attainder and a violation of the Equal Protection Clause of the Fourteenth Amendment, since only males are required to enroll in the Selective Service System.

The Merit Systems Protection Board referred the case to an administrative law judge, who dismissed the appeal for lack of jurisdiction, concluding that an employee is not entitled to Merit Systems Protection Board review of agency action that is based on an absolute statutory bar to employment.