Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

National Aeronautics and Space Administration v. Nelson

Docket No.: 09-530
Certiorari Granted: 03/08/10
Argued: October 5, 2010
Decided: 01/19/11

Topics:

privacy and background checks, Bill of Rights, Due Process, Fifth Amendment, First Amendment, Fourteenth Amendment, Fourth Amendment, Omnibus Crime Control and Safe Streets, Privacy Act, Sixth Amendment, background checks, illegal drug use, judicial review, preliminary injunction, privacy, public education, stare decisis, willful violation

PartyNames: National Aeronautics and Space Administration, et al. v. Robert M. Nelson, et al.
Petitioner: National Aeronautics and Space Administration, et al.
Respondent: Robert M. Nelson, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 530 F.3d 865
Supreme Court Docket

National Aeronautics and Space Administration, et al.
v.
Robert M. Nelson, et al.
Question Presented:

1. Whether the government violates a federal contract employee's constitutional right to informational privacy when it asks in the course of a background investigation whether the employee has received counseling or treatment for illegal drug use that has occurred within the past year, and the employee's response is used only for employment purposes and is protected under the Privacy Act, 5 U.S.C. 552a. 2. Whether the government violates a federal contract employee's constitutional right to informational privacy when it asks the employee's designated references for any adverse information that may have a bearing on the employee's suitability for employment at a federal facility, the reference's response is used only for employment purposes, and the information obtained is protected under the Privacy Act, 5 U.S.C. 552a.

Question:

Does the government violate a federal contract employee's constitutional right to privacy by asking her whether she has received counseling or treatment for recent illegal drug use in the past year, or by asking her references if they have any reason to believe she is unsuited to work in a federal facility?

Note:

JUSTICE KAGAN TOOK NO PART

National Aeronautics and Space Administration v. Nelson
ORAL ARGUMENT

10/05/10

Listen to Oral Argument in National Aeronautics and Space Administration v. Nelson
Holding: reversed and remanded
Vote: 8-0
Recused: J.,
Opinion By:
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)