Mitchell v. Merit Systems Protection Board

Opinion for the court filed by Circuit Judge TARANTO.

Dissenting opinion filed by Circuit Judge PROST.

TARANTO, Circuit Judge.

This case involves a jurisdictional limit on the authority of the Merit Systems Protection Board to review an agency’s removal of a worker from her job. In late 2008, the Department of Justice hired Amy Mitchell as an Assistant United States Attorney. She began working while the required background investigation took place. When the investigation concluded about seven months later, the Department issued Ms. Mitchell a form stating that her appointment was subject to a…