Mark Zaid v. Executive Office of the President
Overview
Overview
The government appealed the preliminary injunction preventing the administration from giving effect to the security clearance revocation or denial of access to classified material pursuant to the March 22 presidential memorandum.
The Issue
Issue
Whether the government's revocation of a security clearance pursuant to a presidential memorandum violates constitutional due process or other statutory protections, and whether the lower court properly issued a preliminary injunction preventing enforcement of that revocation.
The Rules
Rule
Security clearance decisions traditionally receive judicial deference under Department of Navy v. Egan, but constitutional violations remain justiciable. Preliminary injunctive relief requires showing likelihood of success on the merits, irreparable harm, balance of equities, and public interest.
The Application
Analysis
The lower court found sufficient grounds to issue a preliminary injunction blocking the security clearance revocation, indicating it believed Zaid demonstrated likelihood of success on a constitutional claim. The government now appeals that injunction, challenging either the merits or the injunction's appropriateness.
The Conclusion
Conclusion
The appeal is pending before CADC. The outcome will determine whether the preliminary injunction stands and whether Zaid can proceed on the underlying constitutional challenge to the clearance revocation.
Flag an issue
This tracker is maintained by BrynoDC and is free because readers fund it. Support