Essay on Case Analysis of Webster v. Doe US While it is true that the Director of CIA was given discretion to make decisions regarding the termination of employees such does not prevent the courts from inquiring into the violation of constitutional rights of the respondent. As such the Supreme Court remanded the case back to the district court.
Respondent filed suit against petitioner in Federal District Court for declaratory and injunctive relief, alleging violations of the Administrative Procedure Act APAof his rights to property, liberty, and privacy under the First, Fourth, Fifth, and Ninth Amendments, and of his rights to procedural due process and equal protection of the laws under the Fifth Amendment.
In allowing termination whenever the Director "shall deem [it] necessary or advisable," and not simply when the dismissal is necessary or advisable, c fairly exudes deference to the Director, and forecloses the application of any meaningful judicial standard of review for assessing a termination decision short of permitting cross-examination of the Director.
Solicitor General Fried argued the cause for petitioner. Lynch argued the cause for respondent.
With him on the brief were William H. Allen, Elliott Schulder, John A. Powell, Helen Hershkoff, and Steven R. Foggan, and Nan D. Hunter filed a brief for the Employment Law Center et al. Section c of the National Security Act of61 Stat.
The case of Webster v Doe deals with a case that ruled upon the balance between national security and the individual rights of an employee. It also rules on the issue of unlawful termination as a . This site offers a vast supply of easily copyable case briefs and case notes as well as legal outlines for law students, lawyers, and legal professionals. Pages. Home; Help Support This Site: Please Donate Your Old Notes and Outlines! Webster v. Doe case brief Webster v. Doe case brief. FEAR is defined as “a distressing emotion aroused by impending danger, evil or pain; a specific instance of or propensity for fear; concern or anxiety, solicitude” (Random House Webster’s Dictionary, 4th Ed.). Where fear is concerned, though it is deemed as a negative emotional state .
In this case we decide whether, and to what extent, the termination decisions of the Director under c are judicially reviewable. He received periodic fitness reports that consistently rated him as an excellent or outstanding employee.
Byrespondent had been promoted to a position as a covert electronics technician. Almost immediately, the Agency placed respondent on paid administrative leave pending an investigation of his sexual orientation and conduct. On February 12 and again on February 17, respondent was extensively questioned by a polygraph officer concerning his homosexuality and possible security violations.
Respondent denied having sexual relations with any foreign nationals and maintained that he had not disclosed classified information to any of his sexual partners. After these interviews, the officer told respondent that the polygraph tests indicated that he had truthfully answered all questions.
The polygraph officer then prepared a five-page summary of his interviews with respondent, to which respondent was allowed to attach a two-page addendum. Respondent was then asked to resign.
Finally, he asserted that his dismissal transgressed the procedural due process and equal protection of the laws guaranteed by the Fifth Amendment.
Respondent requested a declaratory judgment that the Director had violated the APA and the Constitution, and asked the District Court for an injunction ordering petitioner to reinstate him to the position he held with the CIA prior to his dismissal.
Respondent sought no monetary damages in his amended complaint. Section provides judicial review to any "person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute.
Respondent was ordered reinstated to administrative [ U. Moreover, the regulations themselves state that, with respect to terminations pursuant to cthe Director need not follow standard discharge procedures, but may direct that an employee "be separated immediately and without regard to any suggested procedural steps.
IVallow any person "adversely affected or aggrieved" by agency action to obtain judicial review thereof, so long as the decision challenged represents a "final agency action for which there is no other adequate remedy in a court. Section ahowever, limits application of the entire APA to situations in which judicial review is not precluded by statute, see a 1and the agency action is not committed to agency discretion by law, see a 2.
We further explained what it means for an action to be "committed to agency discretion by law" in Heckler v. We noted that, under a 2even when Congress has not affirmatively precluded judicial [ U.
Since the statute conferring power on the Food and Drug Administration to prohibit the unlawful misbranding or misuse of drugs provided no substantive standards on which a court could base its review, we found that enforcement actions were committed to the complete discretion of the FDA to decide when and how they should be pursued.Webster v.
Doe, U.S. (), is a case decided by the United States Supreme Court that presented statutory and constitutional claims by a former CIA employee who alleged that his termination was the result of discrimination based on sexual orientation Text of Webster v.
Doe. The case of Webster v Doe deals with a case that ruled upon the balance between national security and the individual rights of an employee.
It also rules on the issue of unlawful termination as a result of sexual discrimination. 6–2 decision for Doe majority opinion by William H. Rehnquist The district court's review of Doe's constitutional claims is not precluded by § (c) of the NSA. A summary and case brief of Webster v. Doe, including the facts, issue, rule of law, holding and reasoning, key terms, and concurrences and dissents.
Webster v. Online Help for Students is created to cater to the needs of students who are struggling with their essays, research papers and term papers.
We seek to help improve the lives of students who do not have the time in conducting research for their papers and skills in writing their own papers. FEAR is defined as “a distressing emotion aroused by impending danger, evil or pain; a specific instance of or propensity for fear; concern or anxiety, solicitude” (Random House Webster’s Dictionary, 4th Ed.).
Where fear is concerned, though it is deemed as a negative emotional state .