Thursday, April 25, 2013

Fourth Circuit -- Mahmoud Hegab v. Letitia Long

Court: Denial of security clearance does not state a colorable constitutional claim, as it is simply a recharacterization of a factual determination.

Concurrence 1: Challenge to policies states a constitutional claim, but this is a factual challenge.

Concurrence 2: Colorable constitutional claim, but nonjusticiable, since it's a political question.

Mahmoud Hegab v. Letitia Long 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.