Legal Opinion

J.M. Miller v. James A. Baker, Iii, in His Capacity as Secretary of State

Court of Appeals for the D.C. Circuit

Decided September 16, 1992No. 90-5398PublishedCited by 7 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Foreign Service Act creates a curious structure for dealing with grievances brought by probationary employees whom the Secretary of State decides not to retain and give tenure. The Secretary’s decisions to grant tenure or to separate employees are made pursuant to the binding recommendation of the Commissioning and Tenure Board. 22 U.S.C. §§ 3946(b), 4001-4002. The tenure board bases its recommendation on the employee’s personnel records. 22 U.S.C. § 4003. The tenure board’s recommendation and the Secre tary's…

2Cases cited6 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Perry v. SindermannSupreme Court of the United States · 1972
  3. Powell v. McCormackSupreme Court of the United States · 1969
  4. Jane Doe v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1985
  5. United States Information Agency v. Jan KrcCourt of Appeals for the D.C. Circuit · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Jamari Salleh v. Warren Christopher, Secretary of StateCourt of Appeals for the D.C. Circuit · 1996
  2. Julie Beberman v. Antony BlinkenCourt of Appeals for the D.C. Circuit · 2023
  3. Shea v. United StatesDistrict Court, District of Columbia · 1999
  4. Beberman v. U.S. Department of StateDistrict Court, District of Columbia · 2019
  5. Nancy Johnson v. United States Railroad Retirement BoardCourt of Appeals for the D.C. Circuit · 1992

2 more not listed; retrieve them via the Exa API.

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