Federal Circuit: DE SANTIS v. MSPB

Administrative, Employment

Where statute restores a class of appeals according to the law before the class of appeals was revoked, in determining eligibility for the appeal, courts should use the present scheme of employment, as modified by regulations, in combination with the law of the earlier period.  A position that had the right of appeal before the change does not therefore have the right of appeal after the change, as it might have been modified by regulations.


DE SANTIS v. MSPB