Whether a federal agency denies a tenured career employee their Fifth Amendment due process rights when it terminates them using summary procedures for probationary employees, and whether the U.S. Court of Appeals for the Federal Circuit errs by affirming a lower decision that fails to adjudicate this constitutional and procedural violation

1. Whether a federal agency denies a tenured career employee their Fifth Amendment due process rights when it terminates them using the summary procedures reserved for a probationary employee, and whether the U.S. Court of Appeals for the Federal Circuit errs by affirming a lower decision that fails to adjudicate this constitutional and procedural violation. 2. Whether the evidentiary framework for a whistleblower reprisal claim is fatally undermined when the agency's evidence of a legitimate, non-retaliatory reason for termination was developed through a process that improperly stripped the employee of their statutory due process rights to challenge that evidence.