The Merit Systems Protection Board (MSPB) is Providing Notice of the Opportunity to File Amicus Briefs in the Matters of Conyers v. Department of Defense, Docket No. CH-0752-09-0925-I-1, and Northover v. Department of Defense, Docket No. AT-0752-10-0184-I-1

---
identifier: "/us/fr/2010-2890"
source: "fr"
legal_status: "authoritative_unofficial"
title: "The Merit Systems Protection Board (MSPB) is Providing Notice of the Opportunity to File Amicus Briefs in the Matters of Conyers v. Department of Defense, Docket No. CH-0752-09-0925-I-1, and Northover v. Department of Defense, Docket No. AT-0752-10-0184-I-1"
title_number: 0
title_name: "Federal Register"
section_number: "2010-2890"
section_name: "The Merit Systems Protection Board (MSPB) is Providing Notice of the Opportunity to File Amicus Briefs in the Matters of Conyers v. Department of Defense, Docket No. CH-0752-09-0925-I-1, and Northover v. Department of Defense, Docket No. AT-0752-10-0184-I-1"
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currency: "2010-02-10"
last_updated: "2010-02-10"
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generator: "[email protected]"
agency: "Merit Systems Protection Board"
document_number: "2010-2890"
document_type: "notice"
publication_date: "2010-02-10"
agencies:
  - "Merit Systems Protection Board"
fr_citation: "75 FR 6728"
fr_volume: 75
comments_close_date: "2010-03-01"
fr_action: "Notice."
---


#  The Merit Systems Protection Board (MSPB) is Providing Notice of the Opportunity to File Amicus Briefs in the Matters of Conyers v. Department of Defense, Docket No. CH-0752-09-0925-I-1, and Northover v. Department of Defense, Docket No. AT-0752-10-0184-I-1

**AGENCY:**

Merit Systems Protection Board.

**ACTION:**

Notice.

**SUMMARY:**

On January 25, 2010, the MSPB published in the *Federal Register* ( *see* 75 FR 3939) a Notice of the opportunity to file amicus briefs in the matter of *Crumpler* v *. Department of Defense,* MSPB Docket Number DC-0752-09-0033-R-1, 2009 MSPB 233. Although the *Crumpler* case is now settled, the legal issue raised in that matter and noted in the January 25 *Federal Register* notice remains unresolved. The cases of *Conyers* v. *Department of Defense,* Docket No. CH-0752-09-0925-I-1, and *Northover* v. *Department of Defense,* Docket No. AT-0752-10-0184-I-1, involve the same legal issue.

*Conyers* and *Northover* raise the question of whether, pursuant to 5 CFR Part 732, National Security Position, the rule in *Department of the Navy* v. *Egan,* 484 U.S. 518, 530-31 (1988), limiting the scope of MSPB review of an adverse action based on the revocation of a security clearance also applies to an adverse action involving an employee in a “non-critical sensitive” position due to the employee having been denied continued eligibility for employment in a sensitive position.

Interested parties may submit amicus briefs or other comments on this issue no later than March 1, 2010. Amicus briefs must be filed with the Clerk of the Board. Briefs shall not exceed 15 pages in length. The text shall be double-spaced, except for quotations and footnotes, and the briefs shall be on 8 1/2 ; by 11 inch paper with one inch margins on all four sides.

**DATES:**

All briefs submitted in response to this notice shall be filed with the Clerk of the Board on or before March 1, 2010.

**ADDRESSES:**

All briefs shall be entitled “Amicus Brief, *Conyers* and *Northover.”* Only one copy of the brief need be submitted. Briefs must be filed with the Office of the Clerk of the Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419.

**FOR FURTHER INFORMATION CONTACT:**

Matthew Shannon, Deputy Clerk of the Board, (202) 653-7200.

Dated: February 4, 2010.

William D. Spencer,

Clerk of the Board.