DOJ memo declares 46-year-old Foreign Service grievance system unconstitutional
The Justice Department’s Office of Legal Counsel issued a memorandum asserting that the Foreign Service Grievance Board, created in 1980, violates the Constitution’s Appointments Clause.
In a recent memorandum, Assistant Attorney General T. Elliot Gaiser of the DOJ’s Office of Legal Counsel declared the Foreign Service Grievance Board’s structure unconstitutional, citing the Appointments Clause. The board, formed under the 1980 Foreign Service Act, currently hears grievances from diplomatic staff and can overturn disciplinary actions taken by the Secretary of State. Gaiser argues that, because board members are removable only for cause, they are inferior officers whose decisions lack oversight by a politically accountable official, violating precedent set by United States v. Arthrex.
The memo asserts that authority over such matters should be restored to the Secretary of State or directly to the President, reflecting the broad executive powers granted by Article II. The American Foreign Service Association, which created the board to ensure due process for foreign service members, is cited for background. Legal analysts note the move could reshape internal disciplinary processes within the State Department.
Why it matters
The ruling could shift control of diplomatic discipline from career officials to the President or Secretary of State.
In this story
