Cathy A. Harris v. Scott Bessent, Secretary of the Treasury, et al.
1. Whether Congress may provide by statute that members of the Merit Systems Protection Board—an adjudicatory body—"may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office." 5 U.S.C. § 1202(d).
2. Whether, to the extent the Merit Systems Protection Board possesses some minimal non-adjudicatory powers, the appropriate remedy is to sever that authority rather than invalidate the for-cause removal provision.
Whether Congress may provide by statute that members of the Merit Systems Protection Board, an adjudicatory body, may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office, and whether severance rather than invalidation is the appropriate remedy for any non-adjudicatory powers