State of Minnesota, Department of Jobs and Training v. Merit Systems Protection Board

ARNOLD, Circuit Judge,

joined by LAY, Chief Judge, HEANEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge, dissenting.

Is it willful disobedience of the law to rely on a reported opinion of a United States District Court, merely because an administrative agency thinks the Court was wrong? This Court today answers that question in the affirmative. I respectfully dissent.

There is little to add to my opinion dissenting from the decision of the panel. State of Minnesota, Department of Jobs and Training v. Merit Systems Protection Board, 858 F.2d 433, 437 (8th Cir.1988). I am willing to assume for…