Opinion

Thomas Henry Carter v. United States of America

  • 407 F.2d 1238
Court
Court of Appeals for the D.C. Circuit
Filed
Dec 13, 1968
Status
Published
Author
Danaher
On the bench
Danaher, Leventhal, Robinson
Cited by
37 cases

“Because of the exemption of the FBI from the civil service laws, the Bureau is generally free to discharge its employees for any reasons it chooses,” but “like any other employer, the FBI is subject to the provisions of § 9(c) of the Universal Military Training and Service Act by which Congress granted special rights and protections to the returning veteran,” though that agent could not appeal to the Civil Service Commission because he was not preference eligible

How later courts described this case

  • “Because of the exemption of the FBI from the civil service laws, the Bureau is generally free to discharge its employees for any reasons it chooses,” but “like any other employer, the FBI is subject to the provisions of § 9(c) of the Universal Military Training and Service Act by which Congress granted special rights and protections to the returning veteran,” though that agent could not appeal to the Civil Service Commission because he was not preference eligible
  • "clogging of the wheels of government"

Written by the judges who cited it.

The opinion

DANAHER, Circuit Judge

(dissenting):

In my dissent from the original opinion, I had already sought to make clear my view that the case was being decided erroneously. I now observe only that nothing presently said seems to establish a firmer foundation for the position reached by the majority. Rather, the Supplemental Opinion serves to reemphasize the existence of areas respecting which we should have the benefit of oral argument.

I would grant the Government’s petition for rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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