Bush v. Lucas

In Bush v. Lucas, 462 U.S. 367, 388, 103 S.Ct. 2404, 76 L.Ed.2d 648 (1983), the Court refused to allow a federal aerospace engineer alleging retaliatory demotion to sue for money damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), although recognizing that the ruling might leave plaintiff without "complete relief" for his alleged injury. Id. As the Court explained, the question of preclusion did not turn on "the merits of the particular remedy" sought but on "who should decide" what remedy, if any, should be provided. Id. at 380, 103 S.Ct. 2404. The Court concluded that the decision belonged to Congress, not the judiciary: "Congress is in a far better position than a court to evaluate the impact of a new species of litigation between federal employees on the efficiency of the civil service." Id. at 389, 103 S.Ct. 2404.