Legal Opinion
Michael E. Hubbard v. Administrator, Environmental Protection Agency, Michael E. Hubbard v. Environmental Protection Agency
Court of Appeals for the D.C. Circuit
Decided November 27, 1992No. 90-5233, 90-5250PublishedCited by 80 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge WALD.
Concurring opinion filed by Circuit Judge RANDOLPH, with whom Circuit Judge RUTH BADER GINSBURG joins. Dissenting opinion filed by Circuit Judge EDWARDS, with whom Chief Judge MIKVA joins. WALD, Circuit Judge:
This case presents a straightforward, but nonetheless hard, question of law: Has the United States waived sovereign immunity for a back pay award to an individual denied federal employment in violation of his constitutional rights? A panel of this court answered “yes” to that question, finding that 5 U.S.C. § 702’s waiver of sovereign…
2Cases cited28 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- United States v. TestanSupreme Court of the United States · 1976
- Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
- United States v. MitchellSupreme Court of the United States · 1980
23 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Rochon, Donald v. Gonzales, AlbertoCourt of Appeals for the D.C. Circuit · 2006
- Hobart N. Crocker, Jr. v. Piedmont Aviation, Inc., Hobart N. Crocker, Jr. v. Piedmont Aviation, Inc.Court of Appeals for the D.C. Circuit · 1995
- City of Houston, Texas v. Department of Housing and Urban DevelopmentCourt of Appeals for the D.C. Circuit · 1994
- Benoit v. United States Department of AgricultureCourt of Appeals for the D.C. Circuit · 2010
- Morgan v. PerryCourt of Appeals for the Third Circuit · 1998
75 more not listed; retrieve them via the Exa API.