MSPB
As presidents gain power, who keeps government accountable?
COMMENTARY | The Supreme Court's decision expanding presidential authority over independent agencies is about more than executive power, it also raises the stakes for congressional oversight, agency leadership and the federal workforce.
Slaughter and the expansion of presidential power
COMMENTARY | The Supreme Court’s latest ruling has dismantled a century of independence for federal regulators, and the ripples of this decision may just be the start of a much broader reshaping of the executive branch.
President can fire independent agency heads without cause, Supreme Court rules
Justice Sonia Sotomayor wrote in a dissent that the decision “reshapes our government.”
In rare move, full appeals court agrees to hear case challenging Trump’s ‘Article II’ firings
Federal circuit courts typically hear cases via randomized three-judge panels, reserving review by the entire judicial bench for its most important cases.
Supreme Court rejects lower court bid to review immigration judge gag order
Justices reversed an appeals court decision that would have greenlit a fact-finding expedition into whether President Trump had effectively nullified review of personnel policies under the 1978 Civil Service Reform Act.
House GOP probes agency settlements with federal workers
Republican members of the House Oversight and Reform Committee argued agencies should settle less often with feds who allege prohibited personnel practices, but experts say the government acts similarly to private sector litigants.
Federal discipline was never supposed to be punitive. The MSPB appeal framework reflects that
COMMENTARY | Forget what you think you know about federal employee discipline. The MSPB's penalty review is not focused on the severity of the misconduct. It's focused on one thing: can the employee be fixed?
Feds that Trump fired without cause can take their appeals directly to federal court, judges say
The most recent decision involved a challenge from Maurene Comey, a former DOJ attorney and daughter of former FBI Director James Comey.
EPA workers disciplined for dissent letter get legal aid from whistleblower groups
Lawyers for Good Government and the Government Accountability Project announced Tuesday that the two organizations would represent EPA workers who signed a 2025 “declaration of dissent” as they challenge their discipline before the Merit Systems Protection Board.
Fed employee appeals system independence at stake in new Supreme Court brief
The high court has heard arguments in a similar case regarding the president’s authority to remove members of quasi-judicial agencies.
Dem senators boost effort to reinstate 2 immigration judges
Last month, the Merit Systems Protection Board upended decades of precedent when it ruled that the attorney general has constitutional authority to fire immigration judges on an at-will basis.
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Ex-VOA employees challenge last year’s buyout and retirement offers
Four former U.S. Agency for Global Media employees seek class certification from the Merit Systems Protection Board, arguing that the March invalidation of Kari Lake’s actions atop the agency should also apply to agreements reached under the Deferred Resignation Program and other buyout authorities.
MSPB relinquishes jurisdiction over some federal worker appeals
The agency tasked with adjudicating appeals of federal employee firings upended decades of precedent in ruling that agencies may challenge its jurisdiction on constitutional grounds.
Fired MSPB member appeals to Supreme Court
Attorneys for former Democratic Merit Systems Protection Board Member Cathy Harris argued that however the justices rule in a similar case involving the Federal Trade Commission, Congress can prescribe removal protections for officials at “purely adjudicative” agencies.
OPM seeks to consolidate power over employee appeals in new regulations
Under a pair of regulatory proposals published this week, the federal government’s dedicated HR agency seeks to wrest appeals of suitability and reduction in force decisions from the Merit Systems Protection Board.
Office of Special Counsel resumes Hatch Act enforcement against former feds for violations during their service
The agency had paused filing Hatch Act complaints against such individuals pending a Merit Systems Protection Board decision on the jurisdiction of former federal employees.
Supreme Court won’t halt judge’s probe into civil service laws’ virility, for now
The unsigned order, which prompted no public dissents, suggested the Trump administration could return to the high court if the federal district court’s factfinding mission commences before justices consider whether to formally take on the case.
DOJ says lower court ruling would ‘wreak havoc’ on the civil service absent Supreme Court intervention
A federal judge was set to review whether Trump has neutered civil service laws, but the Supreme Court has paused that effort while it considers the administration's request.
Appeals court upholds firing of Democratic Merit Systems Protection Board member
The case could unravel decades of statute and precedent protecting leaders of independent agencies from removal.
EPA workers fired over dissent letter appeal to MSPB
Only a fraction of the more than 130 employees who signed an open letter to EPA Administrator Lee Zeldin accusing the Trump administration of “recklessly undermining” the agency’s mission were ultimately terminated, purportedly because they worked in “public-facing” roles.
