No. 25-1110

Cathy A. Harris v. Scott Bessent, Secretary of the Treasury, et al.

Lower Court: District of Columbia
Docketed: 2026-03-23
Status: Pending
Type: Paid
Experienced Counsel
Tags: adjudicatory-authority administrative-law merit-systems-protection-board presidential-removal-power removal-for-cause separation-of-powers
Latest Conference: N/A
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2026-03-17
Petition for a writ of certiorari filed. (Response due April 22, 2026)

Attorneys

Bessent, Scott, et al.
D. John SauerSolicitor General, Respondent
Cathy Harris
Neal Kumar KatyalMilbank LLP, Petitioner