At the end of the day the Supreme Court will rule “no standing”.
Probationary federal employees have individual standing before the MPSB and nowhere else. The courts did not want to be flooded with thousands of individual cases of fired federal employees. That is why the MPSB was created.
Lets dig a little deeper.
This court noted: “the Civil Service Reform Act of 1978, Pub. L. No. 95-454, provides the exclusive
means for review of personnel actions taken against federal employees.”
Lets look at that legislation.
https://www.dol.gov/sites/dolgov/files/OASAM/legacy/files/Civil-Service-Reform-Act-1978.pdf
“Federal employees should receive appropriate protection through increasing the authority and powers of the Merit Systems Protection Board in processing hearings
and appeals affecting Federal employees”
Thanks for the accurate summary of the decision. Too many people think “win” or “lose” is the only thing that matters, but the actual decision tells you a lot more about how likely it is to be upheld, and especially how broad/narrow the decision actually is.