Webster v. Doe
Encyclopedia
Webster v. Doe, 486 U.S. 592
(1988), 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
.
The National Security Act of 1947
authorizes the Director of the CIA
"in his discretion" to terminate the employment of any employee whenever he shall deem it to be in the security interests of the United States. John Doe
, a CIA employee, voluntarily admitted to a CIA security guard that he was a homosexual
. Despite having previously receiving ratings of "excellent" and "outstanding" employee performance, the employee was placed on administrative leave and later terminated as the result of his admission. William J. Casey
, the Director of the CIA at that time, cited Doe's homosexuality as a threat to security. (Note that even though William H. Webster is named as the petitioner
, Casey was the Director at the time of Doe's termination.)
The issue presented before the Supreme Court was whether, and to what extent, the termination decisions of the Director under 102(c) are judicially reviewable. The Court in an opinion delivered by Chief Justice
William Rehnquist
held that Section 102(c) of the National Security Act, 50 U.S.C. 403(c), precluded review under the Administrative Procedure Act
. However, the Court held that the Act did not preclude review of constitutional claims (as opposed to the procedural claims). The Court reasoned that Congress
should not be taken to have intended to preclude constitutional claims unless it has explicitly so provided (603).
Justice Antonin Scalia
was the only justice to completely dissent. Justice Sandra Day O'Connor
concurred in part and dissented in part while Justice Anthony Kennedy
took no part. Scalia wrote in his dissent, "Neither the Constitution
, nor our laws, nor common sense
gives an individual a right to come into court to litigate the reasons for his dismissal as an intelligence agent" (620).
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1988), is a case decided by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
that presented statutory and constitutional claims by a former CIA
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
employee who alleged that his termination was the result of discrimination based on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
.
The National Security Act of 1947
National Security Act of 1947
The National Security Act of 1947 was signed by United States President Harry S. Truman on July 26, 1947, and realigned and reorganized the U.S. Armed Forces, foreign policy, and Intelligence Community apparatus in the aftermath of World War II...
authorizes the Director of the CIA
Director of the Central Intelligence Agency
Director of the Central Intelligence Agency serves as the head of the Central Intelligence Agency, which is part of the United States Intelligence Community. The Director reports to the Director of National Intelligence . The Director is assisted by the Deputy Director of the Central...
"in his discretion" to terminate the employment of any employee whenever he shall deem it to be in the security interests of the United States. John Doe
John Doe
The name "John Doe" is used as a placeholder name in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown...
, a CIA employee, voluntarily admitted to a CIA security guard that he was a homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
. Despite having previously receiving ratings of "excellent" and "outstanding" employee performance, the employee was placed on administrative leave and later terminated as the result of his admission. William J. Casey
William J. Casey
William Joseph Casey was the Director of Central Intelligence from 1981 to 1987. In this capacity he oversaw the entire United States Intelligence Community and personally directed the Central Intelligence Agency ....
, the Director of the CIA at that time, cited Doe's homosexuality as a threat to security. (Note that even though William H. Webster is named as the petitioner
Petitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.-In the courts:The petitioner may seek a legal remedy if the state or another private person has acted unlawfully...
, Casey was the Director at the time of Doe's termination.)
The issue presented before the Supreme Court was whether, and to what extent, the termination decisions of the Director under 102(c) are judicially reviewable. The Court in an opinion delivered by Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
held that Section 102(c) of the National Security Act, 50 U.S.C. 403(c), precluded review under the Administrative Procedure Act
Administrative Procedure Act
The Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...
. However, the Court held that the Act did not preclude review of constitutional claims (as opposed to the procedural claims). The Court reasoned that Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
should not be taken to have intended to preclude constitutional claims unless it has explicitly so provided (603).
Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
was the only justice to completely dissent. Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
concurred in part and dissented in part while Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
took no part. Scalia wrote in his dissent, "Neither the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, nor our laws, nor common sense
Common sense
Common sense is defined by Merriam-Webster as, "sound and prudent judgment based on a simple perception of the situation or facts." Thus, "common sense" equates to the knowledge and experience which most people already have, or which the person using the term believes that they do or should have...
gives an individual a right to come into court to litigate the reasons for his dismissal as an intelligence agent" (620).
See also
- List of United States Supreme Court cases, volume 486
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court