Molina-Crespo v. United States Merit Systems Protection Board

While I agree with the outcome and much of the reasoning in the court’s opinion, I do not think that the case is so clearly controlled by Murphy v. Cockrell, which occurred in quite a different context. Therefore, I would not assume that this case must be decided so easily on a mere “rational basis” test, and I would obviate the question of the appropriate test by holding that the statute would pass muster even under strict scrutiny.

Molina argues that his case is distinguishable because he is a state employee challenging the application of a federal act. Molina is correct that Congress’s…