Federal News
MSPB Revises Federal Worker Appeal Jurisdiction
March 24, 2026
The Merit Systems Protection Board (MSPB) has issued a significant ruling allowing federal agencies to challenge the board's jurisdiction over certain employee terminations on constitutional grounds, specifically invoking the president's Article II removal authority. This decision, which upheld the 2025 terminations of immigration judges Megan Jackler and Brandon Jaroch by the Department of Justice (DOJ), marks a shift in federal employee appeal rights and raises potential for further constitutional challenges to civil service protections under the Civil Service Reform Act (CSRA).
- This ruling may reduce the scope of MSPB jurisdiction over federal employee appeals, particularly for positions classified as "inferior officers," impacting how agencies manage terminations.
- Procurement and human capital professionals should anticipate changes in workforce management policies and potential legal challenges affecting federal employment protections.
- Contractors providing legal, compliance, or human resources services to federal agencies may see increased demand to navigate evolving civil service appeal processes.
- Organizations should evaluate the implications for contract workforce stability and risk management given the potential for expanded executive removal authority affecting federal employees.
Itโs a complete 180, thatโs really what it is. The board had consistently taken the position that it doesnโt have the authority to entertain facial attacks on the constitutionality of the statute. And now theyโre, within four or five paragraphs, saying that it does? . . . I think itโs because now the board wants to open the door for future facial attacks on the CSRA under the Constitution.
— Kevin Owen, Partner at Gilbert Employment Law
[It] contradicts more than a century of binding Supreme Court precedent, dating to the 1800s. Under the boardโs breathtaking decision, the president can now fire these hardworking men and women, many of them military veterans like Brandon and Megan, based on political affiliation, race, gender or even religion โ or for no reason at all. That is incredibly dangerous, and it should scare all Americans.
— Nathaniel Zelinsky, Senior Counsel, Washington Litigation Group
Agencies
Department of Justice, Merit Systems Protection Board, U.S. Court of Appeals for the Federal Circuit, Office of Legal Counsel, Office of Personnel Management
Locations
Sources
- MSPB relinquishes jurisdiction over some federal worker appeals - Government Executive · Government Executive · Mar 23
- Former immigration judges challenge MSPB decision on their terminations | Federal News Network · Federal News Network · Mar 24