Conforto v. Merit Systems Protection Board

In my view, the majority’s jurisdictional holding is inconsistent with the Civil Service Reform Act of 1978 (CSRA), see 5 U.S.C. §§ 7702-03, and with the Supreme Court’s decision in Kloeckner v. Solis, 568 U.S. -, 133 S.Ct. 596, 184 L.Ed.2d 433 (2012). The majority holds that this circuit has jurisdiction to review Merit Systems Protection Board (“Board”) decisions in mixed cases involving discrimination allegations even though, as the Supreme Court recently held, Congress specifically excluded those cases from our jurisdiction and required review in district courts. See 5 U.S.C. §…