James K. Hardison v. Michael M. Cohen

PRYOR, Circuit Judge:

This appeal presents an issue that has divided courts and commentators alike: whether a comprehensive statutory scheme that provides no remedy for a former employee of a federal agency, who contends that his discharge violated the Constitution, bars the former employee from obtaining any monetary or equitable relief. In deference to Congress, we conclude that the statutory scheme bars a claim for monetary damages, but we acknowledge, without deciding the issue, that a serious question remains whether equitable relief is necessarily precluded. We conclude, however, that…