No. 25-312
Cathy Harris v. Scott Bessent, Secretary of the Treasury, et al.
Tags: administrative-law for-cause-removal merit-systems-protection-board presidential-authority removal-power 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 that does not make policy—"may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office." 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.
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
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 Sauer — Solicitor General, Respondent
Cathy Harris
Neal Kumar Katyal — Milbank LLP, Petitioner