This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), petitioners argue that background checks are a standard practice, required for civil‑service employees since 1953 and for contractors since 2005.
According to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), petitioners contend that the government may collect information as long as it is not disseminated in the employment context.
According to Respondents, respondents state that NASA does not use the employee‑suitability chart for contractor credentialing decisions.
Respondents argue that open‑ended questions are necessary to identify “pressure points” in an applicant’s background.
Respondents maintain that a narrow rule—background checks with safeguards—does not violate any constitutional right to informational privacy, citing the Ninth Circuit’s Whalen decision.
Justice Alito asked what test should limit the kinds of questions the government may ask in the employment context, suggesting a scenario that includes diet, smoking, reading habits, hobbies, entertainment, and sexual practices.
Justice Sotomayor asked whether every employee who is rejected will know the reason for the rejection.
- [1] 42000fdf9bd1f00ca714-r1-969b9f7f92feb3e6.pdf, p. 3
- [2] 42000fdf9bd1f00ca714-r1-969b9f7f92feb3e6.pdf, p. 10
- [3] 42000fdf9bd1f00ca714-r1-969b9f7f92feb3e6.pdf, p. 22
- [4] 42000fdf9bd1f00ca714-r1-969b9f7f92feb3e6.pdf, p. 23
- [5] 42000fdf9bd1f00ca714-r1-969b9f7f92feb3e6.pdf, p. 24
- [6] 42000fdf9bd1f00ca714-r1-969b9f7f92feb3e6.pdf, p. 13
- [7] 42000fdf9bd1f00ca714-r1-969b9f7f92feb3e6.pdf, p. 21
Background and question before the Court
According to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), background checks have long been required for civil‑service employees (since 1953) and for contractors (since 2005).
According to Justice Sotomayor, justice Sotomayor further inquired whether rejected applicants will be informed of the reasons for their rejection.
What each side argues
Petitioners (NASA)
According to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), background checks are a standard, long‑standing practice for government employment.
According to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), according to Petitioners (General Neal K. Katyal), the government may collect personal information provided it is not disseminated in the employment context.
According to General Katyal, citing the Ninth Circuit’s Whalen decision, the petition argues that when the government’s actions compel disclosure of private information, it must show a legitimate state interest and that the action is narrowly tailored.
Respondents (Robert M. Nelson and others)
According to Respondents, NASA does not use the employee‑suitability chart to make contractor credentialing decisions.
According to Respondents, open‑ended questions are necessary to discover “pressure points” in an applicant’s background.
According to Respondents, a narrow rule—background checks with safeguards—does not violate any constitutional right to informational privacy, as affirmed in Whalen.
According to Mr. Stormer, the questions proposed would not be permissible for a private employer.
What happened at oral argument
Justice Alito asked what test should limit the scope of permissible employment‑related questions, presenting an extreme hypothetical about diet, smoking, reading, hobbies, entertainment, and sexual practices.
According to Justice Sotomayor, justice Sotomayor questioned whether every rejected employee will be told the reason for rejection.
Justice Kennedy asked whether private employers could ask similar questions and noted that a lower court had enjoined such a question.
Justice Alito repeatedly pressed the parties on the practicality of asking open‑ended questions and on whether drug‑treatment disclosures could be constitutionally required.
Justice Ginsburg asked whether the government itself could be subject to the Privacy Act’s restrictions on internal dissemination of background‑check information.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 42000fdf9bd1f00ca714-r1-969b9f7f92feb3e6.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.