Teodoro Toledo & Joseph Tucker v. Alphonso Jackson, Sec'y, United States Dep't of Hous. & Urban Dev., 485 F.3d 836 (6th Cir. 2007). · Go Syfert
Teodoro Toledo & Joseph Tucker v. Alphonso Jackson, Sec'y, United States Dep't of Hous. & Urban Dev., 485 F.3d 836 (6th Cir. 2007). Cases Citing This Book View Copy Cite
59 citation events (59 in the last 25 years) across 14 distinct courts.
Strongest positive: Pearl Records, Inc. v. Conner (txed, 2023-01-20)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Pearl Records, Inc. v. Conner
E.D. Tex. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
before invoking the act... a federal court must have jurisdiction already under some other federal statute.
discussed Cited as authority (verbatim quote) Pearl Records, Inc. v. Conner
M.D. Tenn. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
before invoking the act... a federal court must have jurisdiction already under some other federal statute.
discussed Cited as authority (quoted) Westport Insurance Company v. City of Newport, Kentucky (2×) also: Cited as authority (rule)
E.D. Ky. · 2021 · quote attribution · 1 verbatim quote · confidence low
before 'invoking the act,' . . . a federal court must 'have jurisdiction already
discussed Cited as authority (rule) Dustin Kittle v. Donald J. Trump, in his official capacity as President of the United States, et al.
M.D. Tenn. · 2026 · confidence medium
Ky. 1973) (“Although the plaintiff also invokes the Fifth, Ninth and Fourteenth Amendments to the Constitution of the United States, it is settled beyond doubt that constitutional provisions have no effect upon the sovereign immunity from suit.”); Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir. 2007) (holding that plaintiff must identify a waiver of sovereign immunity to proceed with a claim under 28 U.S.C. § 1331 ).
discussed Cited as authority (rule) Miranda Stovall v. Jefferson Cnty. Bd. of Educ.
6th Cir. · 2026 · confidence medium
Before granting declaratory relief, however, a federal court must “have jurisdiction already under some other federal statute.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007) (quotation omitted); see Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667 , 671– 72 (1950).
cited Cited as authority (rule) Driver v. Fabish
M.D. Tenn. · 2025 · confidence medium
Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir. 2007).
discussed Cited as authority (rule) Freeman v. Mr. Cooper
N.D. Ohio · 2025 · confidence medium
As the Declaratory Judgment Act and Section 2201, “the Act is not ‘an independent basis for federal subject matter jurisdiction.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007) (quoting Heydon v. MediaOne of S.E.
cited Cited as authority (rule) Carlotta v. Higher Education Loan Authority of The State Of Missouri Inc.
S.D. Ohio · 2025 · confidence medium
Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007).
cited Cited as authority (rule) Harvey v. Joseph
N.D. Ohio · 2024 · confidence medium
Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007).
discussed Cited as authority (rule) Federal Insurance Company v. Shaw Industries Inc
N.D. Ga. · 2024 · confidence medium
But, at this point in the litigation, it is impossible for the court to predict every legal issue that may arise in order to assess whether there may be a conflict the Act.’” Davis v. United States, 499 F.3d 590, 594 (6th Cir. 2007) (quoting Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007)).
discussed Cited as authority (rule) Federal Insurance Company v. Shaw Industries Inc
N.D. Ala. · 2024 · confidence medium
But, at this point in the litigation, it is impossible for the court to predict every legal issue that may arise in order to assess whether there may be a conflict the Act.’” Davis v. United States, 499 F.3d 590, 594 (6th Cir. 2007) (quoting Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007)).
discussed Cited as authority (rule) Yafai v. U.S. Department of State
E.D. Mich. · 2024 · confidence medium
Accordingly, a federal court “must ‘have jurisdiction already’ under some other federal statute” before a plaintiff can “invok[e] the Act.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007) (quoting Heydon v. MediaOne of S.E.
cited Cited as authority (rule) South Elkhorn Village v. Georgetown
E.D. Ky. · 2024 · confidence medium
A federal court must therefore “have jurisdiction already under some other federal statute” before a plaintiff can “invoke[e] the Act.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007).
discussed Cited as authority (rule) Kirkland v. ODRC
N.D. Ohio · 2023 · confidence medium
See Moore, 272 F.3d at 774 ; Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir. 2007) (noting that compensatory damages are not available in official capacity suits against State employees).
cited Cited as authority (rule) Scott v. Homeland Security
S.D. Ohio · 2023 · confidence medium
Reetz v. United States, 224 F.3d 794, 795 (6th Cir. 2000); Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir. 2007).
discussed Cited as authority (rule) Lawrence v. Wilson
W.D. Ky. · 2023 · confidence medium
Pursuant to Titles 28 U.S.C. § 57 , § 65, § 2201, § 2202 and Title 42 U.S.C. § 2000a-3 of the Federal Codes of the United States.” The Declaratory Judgment Act, 28 U.S.C. § 2201 , § 2202, cited by Plaintiff, is not “an independent basis for federal subject matter jurisdiction.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007) (internal quotation marks and citation omitted); see also Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671 (1950).
discussed Cited as authority (rule) Mulhi v. Mayorkas
E.D. Mich. · 2023 · confidence medium
While it is true that § 2201 does not create an independent cause of action, see Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671 (1950), federal courts “must have jurisdiction already under some other federal statute” before a plaintiff can “invok[e] the Act.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007).
cited Cited as authority (rule) TotalEnergies E&P USA, Inc. v. CTF LTD.
N.D. Ohio · 2022 · confidence medium
Moreover, Section 2201 “is not an independent basis of subject matter jurisdiction.” See Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir.2007).
discussed Cited as authority (rule) Michigan Department of Environment, Great Lakes and Energy v. STS Hydropower, LLC
W.D. Mich. · 2022 · confidence medium
Although Plaintiffs seek declaratory relief, the Declaratory Judgment Act, 28 U.S.C. § 2201 , does “not [provide] an independent basis for federal subject matter jurisdiction.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007).
cited Cited as authority (rule) Schmidt v. City of Lima
S.D. Ohio · 2022 · confidence medium
Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir. 2007).
discussed Cited as authority (rule) Armatas v. Pulmonary Physicians, Inc. of Canton, Ohio (2×)
N.D. Ohio · 2021 · confidence medium
“A federal court accordingly ‘must have jurisdiction already under some other federal statute’ before a plaintiff can ‘invok[e] the Act.’” Jd. (quoting Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007)).
discussed Cited as authority (rule) O'Dell v. Hope Network West Michigan
E.D. Mich. · 2021 · confidence medium
Plaintiff bears the burden to “identify a waiver of sovereign immunity in order to proceed.” Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir. 2007) (quoting Reetz v. United States, 224 F.3d 794, 795 (6th Cir. 2000)).
discussed Cited as authority (rule) JLLJ Development, LLC v. Kewadin Casinos Gaming Authority
W.D. Mich. · 2021 · confidence medium
Although the Developers seek declaratory relief in Count I, the Declaratory Judgment Act, 28 U.S.C. § 2201 , does “not [provide] an independent basis for federal subject matter jurisdiction.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007).
discussed Cited as authority (rule) EQMD, Inc. v. Farm Bureau General Insurance Company of Michigan
E.D. Mich. · 2021 · confidence medium
Accordingly, a federal court “must ‘have jurisdiction already’ under some other federal statute” before a plaintiff can “invok[e] the Act.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007) (quoting Heydon v. MediaOne of S.E.
cited Cited as authority (rule) Lathan v. Nixon
N.D. Ohio · 2021 · confidence medium
United States v. Sherwood, 312 U.S. 584, 590-91 (1941); Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir. 2007).
cited Cited as authority (rule) State Farm Mutual Automobile Insurance Company v. Tennessee Farmers Mutual Insurance Company
W.D. Tenn. · 2020 · confidence medium
Org. v. Mich. Dep’t of Corrs., 774 F.3d 895, 902 (6th Cir. 2014) (citing Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007)) (internal quotation marks omitted).
discussed Cited as authority (rule) Nationwide Affinity Insurance Company of America v. Richards
W.D. Tenn. · 2020 · confidence medium
“A federal court accordingly ‘must have jurisdiction already under some other federal statute’ before a plaintiff can ‘invok[e] the Act.’” Davis v. United States, 499 F.3d 590, 594 (6th Cir. 2007) (quoting Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007)).
cited Cited as authority (rule) David Funderwhite v. Local 55, United Ass'n
6th Cir. · 2017 · confidence medium
Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007).
discussed Cited as authority (rule) Funderwhite v. Joint Apprenticeship & Training Committee of Cleveland Journeymen Plumbers Local No. 55
N.D. Ohio · 2016 · confidence medium
The purpose of the statute is to create a remedy for a preexisting right enforceable in federal court, but it does not provide “an independent basis for federal subject matter jurisdiction.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir.2007); see Shelly Oil, 339 U.S. at 671-72 , 70 S.Ct. 876 .
discussed Cited as authority (rule) Wright v. Langdeau
D.S.D. · 2016 · confidence medium
See Whittle v. U.S., 7 F.3d 1259 , 1262 (6th Cir.1993) (“The federal question jurisdictional statute is not a general waiver of sovereign immunity; it merely establishes a subject matter that is within the competence of federal courts to entertain.”); Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir.2007) (holding that § 1331 did not independently waive the government’s sovereign immunity and plaintiffs had to go further than merely invoking the general jurisdiction statute); Rosebud Sioux Tribe v. U.S., Bureau of Indian Affairs, 714 F.Supp. 1546, 1552 (D.S.D.1989) (“Section 1331 sets fo…
discussed Cited as authority (rule) Michigan Corrections Organization v. Michigan Department of Corrections
6th Cir. · 2014 · confidence medium
It does not provide “an independent basis for federal subject matter jurisdiction.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir.2007); see Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671-72 , 70 S.Ct. 876 , 94 L.Ed. 1194 (1950).
discussed Cited as authority (rule) Michigan Corr. Org. v. Mich Dep't of Corr.
6th Cir. · 2014 · confidence medium
It does not provide “an independent basis for federal subject matter jurisdiction.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007); see Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667 , 671–72 (1950).
discussed Cited as authority (rule) Auto-Owners Insurance v. Ergonomics Plus, Inc.
E.D. Mich. · 2014 · confidence medium
A federal court “must have jurisdiction already under some other federal statute” before a plaintiff can “invok[e] the Act.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir.2007) (quotation marks omitted).
discussed Cited as authority (rule) Labaneya v. United States Citizenship & Immigration Services (2×) also: Cited "see"
E.D. Mich. · 2013 · confidence medium
Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir.2007).
cited Cited as authority (rule) Freeman v. Sullivan
W.D. Tenn. · 2013 · confidence medium
Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir.2007) (quoting Reetz v. United States, 224 F.3d 794, 795 (6th Cir.2000)).
cited Cited as authority (rule) Darrell Parks v. Mr. Reans
6th Cir. · 2013 · confidence medium
Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir.2007).
discussed Cited as authority (rule) Board of Education v. Memphis City Board of Education
W.D. Tenn. · 2012 · confidence medium
“A federal court accordingly ‘must have jurisdiction already under some other federal statute’ before a plaintiff can ‘invok[e] the Act.’ ” Davis v. United States, 499 F.3d 590, 594 (6th Cir.2007) (quoting Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir.2007)).
discussed Cited as authority (rule) Moher v. United States
W.D. Mich. · 2012 · confidence medium
Shelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667 , 70 S.Ct. 876 , 94 L.Ed. 1194 (1950); Davis v. United States, 499 F.3d 590, 594 (6th Cir.2007); Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir.2007); Heydon v. MediaOne of Southeast Michigan, Inc., 327 F.3d 466, 470 (6th Cir.2003); Michigan Southern Railroad Co. v. Branch & St.
cited Cited as authority (rule) Boakye v. Hansen
S.D. Ohio · 2008 · confidence medium
Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671-72 , 70 S.Ct. 876 , 94 L.Ed. 1194 (1950); Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir.2007).
discussed Cited as authority (rule) Davis v. United States
6th Cir. · 2007 · confidence medium
A federal court accordingly “must have jurisdiction already under some other federal statute” before a plaintiff can “invok[e] the Act.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007) (quotation marks omitted).
discussed Cited as authority (rule) Davis v. United States
6th Cir. · 2007 · confidence medium
A federal court accordingly “must have jurisdiction already under some other federal statute” before a plaintiff can “in-vok[e] the Act.” Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir.2007) (quotation marks omitted).
discussed Cited "see" Landers v. Lakeview Loan Servicing, LLC (JRG1)
E.D. Tenn. · 2020 · signal: see · confidence high
See Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007) (explaining that the Declaratory Judgment Act is not “an independent basis for federal subject matter jurisdiction” and that another basis for original jurisdiction is needed (quotation marks and citation omitted))..
cited Cited "see" Smith v. Bernanke
6th Cir. · 2008 · signal: see · confidence high
See Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir.2007), cert. denied, — U.S. -, 128 S.Ct. 647 , 169 L.Ed.2d 507 (2007).
discussed Cited "see, e.g." Mancina v. McDermott
S.D. Ohio · 2022 · signal: see also · confidence medium
See also Toledo v. Jackson, 485 F.3d 836, 839 (6th Cir. 2007) (holding that § 2201 is not an independent basis for federal subject matter jurisdiction).
discussed Cited "see, e.g." Bituminous Casualty Corp. v. Walden Resources, LLC
E.D. Tenn. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir.2007) (noting that because plaintiff had named the secretary of the U.S. Department of Housing and Urban Development in his official capacity in his complaint, plaintiff had to identify a waiver of sovereign immunity, as well as invoke 28 U.S.C. § 1331 , in order to proceed); see also Dover v. United States, 2008 WL 2704446 , at *1 (E.D.Tenn.
Retrieving the full opinion text from the archive…
Teodoro TOLEDO and Joseph Tucker, Plaintiffs-Appellants,
v.
Alphonso JACKSON, Secretary, United States Department of Housing & Urban Development, Defendant-Appellee
06-5887.
Court of Appeals for the Sixth Circuit.
May 1, 2007.
485 F.3d 836
ARGUED: Michael L. Boylan, Louisville, Kentucky, for Appellants. Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellee. ON BRIEF: Michael L. Boylan, Louisville, Kentucky, for Appellants. Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.
Kennedy, Martin, Sutton.
Cited by 44 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: E.D. Kentucky (1)

OPINION

SUTTON, Circuit Judge.

Teodoro Toledo and Joseph Tucker claim that the United States Department of Housing and Urban Development (HUD) breached their rights under a collective bargaining agreement. Because Toledo and Tucker failed to establish the district court’s jurisdiction over their suit, we affirm.

[*838] I.

Toledo and Tucker tried, and failed, to obtain “community builder” positions within HUD. After HUD rejected their transfer applications, the American Federation of Government Employees (the union) asked HUD on behalf of Toledo and Tucker to release the placement records that it had considered in filling the positions. Unsatisfied with HUD’s response, the union filed a complaint with the Federal Labor Relations Authority, after which the Authority ordered HUD to provide additional records to the union. While HUD provided some of the relevant records, it failed to send all of them. “Despite a diligent search,” the agency explained, it “was unable to locate all of the competitive placement records.” JA 50.

Toledo, Tucker and Deborah Knight— a third unsuccessful community-builder applicant — responded by pursuing a grievance against HUD under the union’s collective bargaining agreement. Lisa Lowery, the president of the local union chapter, filed the grievance on their behalf.

During step one of the three-step grievance procedure, Lowery and Deborah Swann, a HUD representative, negotiated a settlement agreement. The agreement (1) granted Toledo, Tucker and Knight “[pjriority [consideration” for future vacancies at HUD and (2) acknowledged that the settlement “constitute^ a waiver of all appeal rights respective of this action to any Federal administrative agency or Federal court.” JA 53.

Apparently unsatisfied with this resolution of the grievance, Toledo and Tucker (though not Knight) filed a claim in federal court alleging that HUD violated then-rights under the collective bargaining agreement. Their complaint repeated, word for word, the allegations in the grievance filed with the agency. The district court dismissed the case, concluding that no statute granted it jurisdiction to resolve disputes “concerning employment-related matters within the scope of a federal employee’s collective bargaining agreement.” JA 17. Toledo and Tucker appeal.

II.

The district court did not reach the merits of Toledo and Tucker’s claim, and neither do we, for they have not established that the district court had jurisdiction over their claim. See Welsh v. Gibbs, 631 F.2d 436, 438 (6th Cir.1980). Not one of the plaintiffs’ proposed bases for jurisdiction—28 U.S.C. §§ 1331, 1343 or 2201 — suffices to give the federal courts authority to resolve this dispute.

Section 1331 is the general federal-question-jurisdiction statute. Because Toledo and Tucker named the secretary of HUD in his official capacity, they must do more than invoke this general statute; they also must “identify a waiver of sovereign immunity in order to proceed.” Reetz v. United States, 224 F.3d 794, 795 (6th Cir.2000); see also United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941) (“The United States, as sovereign, is immune from suit save as it consents to be sued.”); Whittle v. United States, 7 F.3d 1259, 1262 (6th Cir.1993) (affirming dismissal of suit against federal agency because federal sovereign immunity “extends to agencies of the United States” and “[t]he federal question jurisdictional statute is not a general waiver of sovereign immunity”).

Toledo and Tucker have failed to satisfy this requirement. Rather than invoking an applicable waiver of immunity, they essentially have used the federal-question statute to bring a claim for breach of contract — breach namely of the collective bargaining agreement between HUD and[*839] the union. See JA 6 (claiming that HUD “refus[ed] Plaintiffs their rights under the Collective Bargaining Agreement” by failing to follow the agreement’s procedures for filling the vacant positions Toledo and Tucker unsuccessfully sought). Although Toledo and Tucker claim that their suit is “authorized and instituted pursuant to the labor agreement in effect between” the union and HUD, Br. at 1, it is by no means clear that a collective bargaining agreement by itself could impact the immunity of a federal agency. Cf. 14 Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure: Jurisdiction 3d § 3655, at 348 (1998) (“When a federal agency is the named defendant in an action, the general rule ... is that the agency may be sued only if Congress has consented to the action ....”) (emphasis added). Nothing about the agreement, at any rate, purports to empower the federal courts to resolve claims against the agency. To the contrary: the agreement creates non-judicial procedures to resolve employee grievances; alleged breaches of the agreement amount to grievances within the coverage of these procedures; and the grievance procedures established by the agreement “constitute[ ] the sole and exclusive procedure,[s] for the resolution of grievances by employees of the bargaining unit,” JA 54 (emphasis added).

Sections 1343 and 2201, for their part, do no better when it comes to giving the federal courts jurisdiction over this matter. Section 1343 grants district courts jurisdiction over civil actions to, among other things, “recover damages or to secure equitable ... relief under any Act of Congress providing for the protection of civil rights.” 28 U.S.C. § 1343(a)(4). But plaintiffs filed this lawsuit under “the labor agreement in effect between” the union and HUD, JA 5, not under any statute, much less under a civil rights statute. Despite the ruling against them below, plaintiffs have not pointed to any authority for the proposition that § 1343 gives the federal courts authority to resolve such a collective-bargaining dispute against a federal agency.

Section 2201 is part of the Declaratory Judgment Act. Before “invoking the Act,” however, a federal court must “have jurisdiction already” under some other federal statute. Heydon v. MediaOne of S.E. Mich., Inc., 327 F.3d 466, 470 (6th Cir.2003). Put another way, the Act is not “an independent basis for federal subject matter jurisdiction,” id.; see also Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671-72, 70 S.Ct. 876, 94 L.Ed. 1194 (1950), and plaintiffs have not identified any other congressional statute that gives the federal courts jurisdiction over this dispute.

Also unavailing is plaintiffs’ reliance on a line of cases from the Federal Circuit. In Carter v. Gibbs, 909 F.2d 1452 (Fed.Cir.1990), the Federal Circuit held that the Civil Service Reform Act (CSRA), 5 U.S.C. § 7101 et seq., precluded federal courts from exercising jurisdiction over claims falling within the scope of grievance procedures established by collective bargaining agreements between a federal agency (in that case, the IRS) and its employees. Carter, 909 F.2d at 1454. The court based its conclusion on § 7121(a)(1) of the Act, which at that time read that “ ‘the procedures [set out in the collective bargaining agreement] shall be the exclusive procedures for resolving grievances which fall within its coverage.’ ” Id. (quoting 5 U.S.C. § 7121(a)(1)). According to the Federal Circuit, that language “foreclosed ... avenue[s] to the courts that, pre-CSRA, had been open to federal employees by statute.” Id. at 1456.

In 1994, however, Congress amended § 7121(a)(1), adding one word. The provision now says that “the procedures [set out in the collective bargaining agreement][*840] shall be the exclusive administrative procedures for resolving grievances which fall within its coverage.” (Emphasis added). In Mudge v. United States, 308 F.3d 1220 (Fed.Cir.2002), the Federal Circuit held that the 1994 amendment effectively overruled Carter: Because Congress added the word “administrative” to § 7121(a)(1), “that subsection no longer restricts a federal employee’s right to pursue an employment grievance in court.” Id. at 1232; see also Asociacion De Empleados Del Area Canalera v. Panama Canal Comm’n, 329 F.3d 1235, 1241 (11th Cir.2003) (same).

Even if for the sake of argument we were to accept Mudge as accurately construing the CSRA, that does not solve plaintiffs’ problem. For one, they still have not identified an applicable waiver of sovereign immunity — by, say, invoking the Administrative Procedure Act. See 5 U.S.C. § 702. For another, they cannot tenably claim that § 7121(a)(1) by itself confers jurisdiction. It is one thing to say that the statute does not restrict an employee’s right of action, which is what Mudge says; it is quite another to say that the statute creates jurisdiction to hear the right of action, which no case says. As the Supreme Court confirmed in Whitman v. Department of Transportation, — U.S. -, 126 S.Ct. 2014, 164 L.Ed.2d 771 (2006), § 7121(a)(1) “does not confer jurisdiction,” id. at 2015. Although it “or the CSRA as a whole” may, contrary to Mudge, “remove[ ] the jurisdiction [otherwise] given to the federal courts,” id., the Supreme Court did not answer that question in Whitman, and neither need we answer it in this case.

III.

For these reasons, we affirm.