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MILLER v. CLINTON

No. 10-5405.

687 F.3d 1332 (2012)

John R. MILLER, Jr., Appellant v. Hillary Rodham CLINTON, Secretary of State, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 2012.

Attorney(s) appearing for the Case

Marshall N. Perkins argued the cause and filed the briefs for appellant.

Daniel J. Lenerz, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Tony West, Assistant Attorney General, Ronald C. Machen, Jr., United States Attorney, and Marleigh D. Dover, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

GARLAND, Circuit Judge:

There is no dispute that the State Department terminated the employment of John R. Miller, Jr., a United States citizen working abroad, solely because he turned sixty-five years old. Indeed, it is the position of the Department that it is free to terminate employees like Miller on account of their age. Moreover, the necessary consequence of the Department's position is that it is also free from any statutory bar against terminating an employee...

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