Henry E. Gossage v. Office of Personnel Management

Given every appellate court has a special obligation to satisfy itself not only of its jurisdiction but also that of the lower courts in a cause under review and, the Constitution is the paramount law. The Federal Circuit has jurisdiction to review Petitioner’s Constitutional claims and under 5 U.S.C. §§’s 702, 704, 7701, 7703; 28 U.S.C. § 1295(a)(9); 5 CFR § 300.104, 5 C.F.R. § 731.501, 5 C.F.R. § 1201 et seq., and Federal Rules of Civil Procedure 60. On December 27, 2004, the Office of Personnel Management (OPM) amended, overturned, vacated Karen McCue’s May 16, 2001, initial determination. The Questions presented:

1. Whether the Federal Circuit has Jurisdiction or “lacks jurisdiction” to determine its original and lower court’s jurisdiction in OPM Investigation Case 01-904-277 and its December 27, 2004 final decision, vacating/overturning OPM’s May 16, 2001, initial decision?

2. Whether the Court entered a default judgment by substituting its own 5 C.F.R. § 731 et seq. decision for that of the Agency’s (OPM) December 27, 2004 decision?

3. Whether Due Process is violated, when Petitioner is denied the right to appeal 5 C.F.R. § 300.104, an employment practice?

4. Whether 28 U.S.C. § 1295(a)(9) is a claim-processing rule superior over Petitioner’s 5th Amendment Constitutional claims?