Supreme Court of the United States, 1986

Gray Et Al. v. Office of Personnel Management

Gray Et Al. v. Office of Personnel Management
Supreme Court of the United States · Decided March 24, 1986 · White
475 U.S. 1089; 106 S. Ct. 1478 (United States Reports)

Gray Et Al. v. Office of Personnel Management

Opinion of the Court

C. A. D. C. Cir. Certiorari denied.

Dissenting Opinion

Justice White,

dissenting.

In this case the United States Court of Appeals for the District of Columbia Circuit held that the comprehensive remedial scheme established by Congress in the Civil Service Reform Act of 19781 (CSRA) indicates a congressional intent to preclude judicial review under the Administrative Procedure Act2 of claims that could have been reviewed administratively under the CSRA. 248 *1090U. S. App. D. C. 364, 771 F. 2d 1504 (1985). While eight other Courts of Appeals have reached a similar conclusion, the United States Court of Appeals for the First Circuit has held to the contrary. Dugan v. Ramsay, 727 F. 2d 192 (1984). I would grant certiorari to resolve this conflict.

Pub. L. 95-454, 92 Stat. 1111 (codified as amended in scattered sections of 5 U. S. C.).

5 U. S. C. §701 et seq.

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