DORED SHIBA v. MARKWAYNE MULLIN Secretary of Homeland Security
The Seventh Circuit affirmed the dismissal of a federal employee's retaliation claim, clarifying that the bar on reviewing security-clearance decisions is a non-jurisdictional rule of mandatory deference rather than a lack of subject-matter jurisdiction. The court held that adjudicating the plaintiff's pretext claim would impermissibly require the judiciary to second-guess the Executive Branch's sensitive national security judgments.