Background Checks at NASA Lab Blocked

LOS ANGELES - A federal appeals court on Friday approved a request by some NASA workers to block a Bush administration directive requiring background checks and access to personal information that they allege amounts to an invasion of privacy.

The employees of NASA's Jet Propulsion Laboratory had until Friday to comply to with the directive or faced the possibility of losing their jobs. They would have been required to fill out questionnaires and submit a waiver allowing the investigations.

The 9th U.S. Circuit Court of Appeals issued the emergency temporary injunction requested by the 28 employees after a lower court denied the request Wednesday. The lab, managed for NASA by the California Institute of Technology, has about 5,000 employees.

Though the court said it wasn't able to go through the many materials filed along with the request, the 9th Circuit conceded that the workers might have a point and issued the order.

It says that NASA is enjoined through Oct. 12 "from requiring appellants to submit the questionnaires for non-sensitive positions, including the authorization forms for release of information."

"As far as we can determine in the short time available, appellants likely raise serious legal and constitutional questions and show the probability of irreparable harm. What is quite clear is that the balance of hardships tips strongly in their favor," the court said.

The order noted that most of the appellants have worked for many years for the lab, which is chiefly known for its scientific explorations of the solar system and study of the Earth.

NASA has maintained it is following a government-wide policy applying to millions of civil servants and contractors. A request for comment was made to lab's media relations office.

An after-hours call to a spokesperson for the Department of Justice, which represents NASA, was not answered.

"We're really very happy," said plaintiff Robert Nelson, leader of NASA's New Millennium Program, which tests or validates new technology NASA will use in space. "This is the first time that we've had an opportunity to really get the beginning of a proper review of this executive order and its implications."

Dan Stormer, attorney for the plaintiffs, said he would meet with his clients Friday night.

"Our constitution is based upon facts, not fears," he said. "The Bush administration has been pushing this security fear without any facts and without any regard for the Constitution. What this decision shows is that the courts are unwilling to accept that fear-mongering."