The Supreme Court has just issued a decision that heads off an end run around the Civil Service Reform Act’s employee appeals process. The court refuses to permit the district courts to supplant MSPB jurisdiction simply because the appeal is challenging the constitutionality of the law barring those who dodge selective service registration requirements from being employed by the federal government.

The US Court of Appeals disagrees with the lower court’s refusal to dismiss a Bivens lawsuit filed personally against a supervisor by a fired Library of Congress probationary employee. The case has been remanded with instructions to dismiss.