Shiba v. Mullin

Plaintiff filed a lawsuit against the Secretary of Homeland Security alleging that a stalled investigation into a background check the department performed in conjunction with his job application was not attributable to legitimate security concerns but instead was a pretext for retaliation in violation of the Rehabilitation Act. The district court dismissed the case for lack of subject matter jurisdiction and plaintiff appealed. The Seventh Circuit affirmed, explaining that prior precedent forecloses judicial review of claims but does not affect the court’s adjudicative power. Thus, the Seventh Circuit affirmed the dismissal but on its merits as opposed to jurisdictional grounds. (LEE and KOLAR, concurring)