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tptacek 3 hours ago

Are you sure about this? I looked into it, but only for about 45 seconds, and there are cases like Navy v. Egan that basically say the opposite.

(I'm going to keep saying: this is just an abstract argument; I don't think there's any evidence these two pentesters had any clearance issues.)

dragonwriter 2 hours ago | parent [-]

Navy v. Egan (1988) acknowledges a due process protection but limits it to procedural due process, not review of the merits of the clearance determination (i.e., the due process protection does not extend to substantive due process.)

Subsequent cases (mostly at the Federal Circuit, I can’t find the Supreme Court getting involved much since) like Cheney v. DOJ (2007) and Cruz-Martinez v. DHS (2020) have developed what that requires.

For cases outside of government employment, though the decisions so far are only at the trial level, Perkins Coie LLC vs. DOJ (2025) and Zaid v. Executive Office of the President (2025) are worth checking out in this regard.