Michael S. Zummer v. Jeffrey S. Sallet, et al.
ERISA FirstAmendment
Whether a federal district court has jurisdiction to hear colorable constitutional claims by federal employees related to their employment
QUESTION PRESENTED Whether a federal district court has jurisdiction to hear colorable constitutional claims by federal employees related to their employment—in this instance a First Amendment case seeking reinstatement and back pay regarding the revocation of an FBI agent’s security clearance and resulting removal for reporting unclassified concerns about prosecutorial misconduct to a federal judge in a case pending before the judge—when the Civil Service Reform Act (“CSRA”) provides no means to review those constitutional claims, leaving the federal court as the only possible forum for judicial review.