Topic: if the board cannot review the employee's loss of security … · Go Syfert
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Topic #2533

3 canonical passages across 3 cases, quoted by 11 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Kenneth B. Skees v. Department of the Navy.

#Case FlagCanonical passage Citers
1 Kenneth B. Skees v. Department of the Navy Anchor
cafc · 1989
green “if the board cannot review the employee's loss of security clearance, it is even further beyond question that it cannot review the navy's judgment that the position itself requires the clearance.” 5
2 Bruce A. Bracey v. Office of Personnel Management
cafc · 2001
green “we are aware of no setting in the federal employment system in which an employee is considered to hold a 'position' consisting of a set of ungraded, unclassified duties that have been assigned to that employee on an ad hoc basis.” 3
3 Kaplan v. Conyers
cafc · 2013
green “egan, at its core, explained that it is essential for the president and the dod to have broad discretion in making determinations concerning national security.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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