No. 25-312

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

Lower Court: District of Columbia
Docketed: 2025-09-17
Status: Pending
Type: Paid
Experienced Counsel
Tags: administrative-law for-cause-removal merit-systems-protection-board presidential-authority removal-power separation-of-powers
Key Terms:
AdministrativeLaw ERISA LaborRelations Privacy JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether Congress may provide by statute that members of the Merit Systems Protection Board may be removed by the President only for specific causes

Question Presented (OCR Extract)

1. Whether Congress may provide by statute that members of the Merit Syst ems Protection Board—an adjudicatory body that does not make policy—“may be removed by the President only for inefficiency, neglect of duty, or malfeasance in of fice.” 5 U.S.C. § 1202(d). 2. Whether Article III courts can provide a remedy other than backpay when the President violates a constitutional for-cause removal provision.

Docket Entries

2025-09-22
Petition for a writ of certiorari before judgment DENIED.
2025-09-15
Petition for a writ of certiorari before judgment filed. (Response due October 17, 2025)
2025-09-15
Petition for a writ of certiorari before judgment filed.

Attorneys

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