2011 Supreme Court term

MICHAEL B. ELGIN, ET AL. v. DEPARTMENT OF THE TREASURY, ET AL.

Dockets 11-45Argued
AI-generated independent summary

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

Oral argument in this case was heard before the Supreme Court of the United States at 10:03 a.m.

According to Harvey A. Schwartz, the case concerns whether the Civil Service Reform Act revokes district‑court jurisdiction to declare acts of Congress unconstitutional in actions brought by Federal employees.

Background and question before the Court

According to Harvey A. Schwartz, the central question is whether it is fairly discernible from the Civil Service Reform Act that Congress revoked district‑court jurisdiction to declare acts of Congress unconstitutional in actions brought by Federal employees.

What each side argues

Petitioner (Michael B. Elgin) Position

According to Harvey A. Schwartz, the petitioner argues that the Civil Service Reform Act does **not** revoke district‑court jurisdiction to hear constitutional challenges brought by federal employees.

Respondent (Department of the Treasury) Position

According to Mr. Feigin, the respondent contends that the Merit Systems Protection Board lacks authority to decide the constitutionality of a federal statute, though it may adjudicate as‑applied challenges.

According to Mr. Feigin, the respondent also argues that the statute does not distinguish between different types of constitutional arguments.

What happened at oral argument

Justice Kagan asked whether an employee with both constitutional and statutory claims would bring the constitutional claims in one court and the statutory claims in another.

Justice Scalia asked whether the plaintiffs also had non‑constitutional claims that they were pursuing in the Federal Circuit.

Justice Alito inquired about jurisdiction over an as‑applied constitutional claim versus a facial constitutional claim before the Merit Systems Protection Review Board.

Justice Ginsburg asked when the government changed its position on whether the MSPB has jurisdiction to decide the constitutionality of a statute.

According to Chief Justice Roberts, chief Justice Roberts thanked counsel and noted that the case was submitted.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

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.

  • 9552809cdfc415d3b8fb-r1-0a2ac402f7b9b4a1.pdforal argument transcript

Guide generated September 24, 2026. Automated validation accepted this version.