Category Archives: Appeals

Appeals court overturns MSPB precedent in performance-based removals

appeals-court-overturns-mspb-precedent-in-performance-based-removals

Federal agencies must prove that an employee’s poor performance was sufficient to warrant a performance improvement plan if the results of that plan are ultimately used to remove the employee from their job, a U.S. Court of Appeals for the Federal Circuit decision issued March 11 has established. In the case, Santos v. NASA, Fernando […]

Appeals court overturns MSPB precedent in performance-based removals

appeals-court-overturns-mspb-precedent-in-performance-based-removals

Federal agencies must prove that an employee’s poor performance was sufficient to warrant a performance improvement plan if the results of that plan are ultimately used to remove the employee from their job, a U.S. Court of Appeals for the Federal Circuit decision issued March 11 has established. In the case, Santos v. NASA, Fernando […]

Federal appeals court: Male-only draft is constitutional

federal-appeals-court:-male-only-draft-is-constitutional

NEW ORLEANS — A federal appeals court in New Orleans upheld the constitutionality of the all-male military draft system Thursday, citing a 1981 U.S. Supreme Court decision. In a decision that overturned a 2019 ruling by a Texas-based federal judge, a panel of the 5th U.S. Circuit Court of Appeals in New Orleans said “only […]

Federal appeals court: Male-only draft is constitutional

federal-appeals-court:-male-only-draft-is-constitutional

NEW ORLEANS — A federal appeals court in New Orleans upheld the constitutionality of the all-male military draft system Thursday, citing a 1981 U.S. Supreme Court decision. In a decision that overturned a 2019 ruling by a Texas-based federal judge, a panel of the 5th U.S. Circuit Court of Appeals in New Orleans said “only […]

Appeals court: Trump wrongly diverted $2.5 billion in MILCON funds for border wall

appeals-court:-trump-wrongly-diverted-$2.5-billion-in-milcon-funds-for-border-wall

SAN FRANCISCO (AP) — A federal appeals court on Friday ruled against the Trump administration in its transfer of $2.5 billion from military construction projects to build sections of the U.S. border wall with Mexico, ruling it illegally sidestepped Congress, which gets to decide how to use the funds. In two opinions, the 9th U.S. […]

Appeals court: Trump wrongly diverted $2.5 billion in MILCON funds for border wall

appeals-court:-trump-wrongly-diverted-$2.5-billion-in-milcon-funds-for-border-wall

SAN FRANCISCO (AP) — A federal appeals court on Friday ruled against the Trump administration in its transfer of $2.5 billion from military construction projects to build sections of the U.S. border wall with Mexico, ruling it illegally sidestepped Congress, which gets to decide how to use the funds. In two opinions, the 9th U.S. […]