Attorneys for Federal Employees — Nationwide

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Today at a Glance

• MSPB Rules It Can’t Hear Some Federal Worker Appeals: In a sweeping new decision, the federal appeals board ruled that agencies can use the Constitution itself to argue it has no power to review certain firings — and attorneys are calling it unprecedented.
• Senate Moving to Confirm New DHS Secretary as Shutdown Deepens: Markwayne Mullin told senators the department is losing people it has already trained. The shutdown is now in week six.
• Fired Judges Immediately Challenge the MSPB Ruling: Within hours, the two judges whose case started this fight took it to the Federal Circuit Court of Appeals. This is far from over.

Top Stories:

1. MSPB Says It Cannot Hear Some Federal Employee Appeals — Opens a Door Agencies Could Use to Block Many More

Source: Government Executive — March 23, 2026

TL;DR: The MSPB’s two Republican board members ruled last Friday that it cannot review the firings of two immigration judges because the Justice Department invoked the president’s constitutional authority as the basis for removal. Attorneys for federal employees are warning this creates a new pathway for agencies to escape the board’s review entirely.

For federal employees, this means:

• Right now, this ruling only directly applies to employees classified as constitutional “inferior officers.” The MSPB itself said invoking Article II is not a blank check and does not automatically strip its jurisdiction for other employees.
• But the ruling creates a new legal argument for agencies to use — and one prominent federal employment attorney called it a precedent that could “go into other types of positions” over time.
• The two fired judges appealed to the U.S. Court of Appeals for the Federal Circuit on Monday. The law in this area is actively being rewritten right now.

Legal Insight:
The MSPB has been the independent body where federal employees appeal firings, demotions, and suspensions since Congress created it in 1978. This decision introduces constitutional uncertainty into that structure for the first time. If you have received an adverse action and your agency cited any executive order, presidential directive, or constitutional authority — rather than standard conduct or performance grounds — that framing matters legally and deserves immediate attention. The deadline to file an MSPB appeal is generally 30 days from the effective date of the adverse action. Because that clock does not stop while courts sort this out, consider talking with your union and a qualified federal employment attorney right away.

2. Senate Moves to Confirm New DHS Secretary as Shutdown Enters Week Six and TSA Losses Mount

Source: Federal News Network — March 23, 2026

TL;DR: The Senate is preparing to vote on Markwayne Mullin’s confirmation as DHS Secretary. During his confirmation hearing, Mullin acknowledged the department is losing institutional knowledge it will take months to replace — and warned the damage is compounding daily. The shutdown that started February 14 is now in its sixth week.

For federal employees, this means:

• A new secretary does not end the funding lapse or restore your paycheck. Until Congress passes a spending agreement, DHS employees in excepted status are still legally required to report to work without pay.
• If you have been considering resignation because you cannot make ends meet, understand that quitting forfeits your guaranteed right to back pay under the 2019 Government Employee Fair Treatment Act — and that decision cannot be undone.
• If the shutdown has affected your ability to meet any legal deadline — an MSPB appeal, an EEO contact window, an OSC filing — verify your specific deadline with your union or attorney before assuming it has been extended.

Legal Insight:
Back pay under the Government Employee Fair Treatment Act of 2019 is guaranteed once funding is restored — but it does not cover fees, penalties, or credit damage from missed bills during the wait. Employees who resign during the shutdown lose that guarantee entirely. Do not make a separation decision without first understanding the full financial and legal consequences. If you are struggling to meet administrative deadlines because of the shutdown, some tribunals toll their deadlines during a funding lapse — but that is not universal, and you should not assume your deadline is paused without confirming it directly. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney before taking any action that affects your employment status.

3. Fired Immigration Judges File Federal Court Appeal of MSPB Decision — Battle Over MSPB Jurisdiction Is Just Beginning

Source: Federal News Network — March 23, 2026

TL;DR: Attorneys for the two fired immigration judges at the center of Monday’s MSPB ruling filed a petition for review at the U.S. Court of Appeals for the Federal Circuit within hours of the decision. A former MSPB member called the ruling unprecedented and warned it signals a broader retreat from the civil service protections employees were promised when they were hired.

For federal employees, this means:

• The Federal Circuit’s decision could either contain the MSPB’s ruling to the narrow facts of this case — or confirm and expand it. That outcome will likely take months.
• In the meantime, nothing about this litigation changes your immediate appeal rights or deadlines. File your appeal under the current rules if you have received an adverse action. Do not wait to see how this plays out.
• Watch this case. Along with the Harris v. Bessent case at the Supreme Court and OPM’s proposed rulemaking to strip MSPB of RIF and suitability appeals, this is one of three simultaneous legal battles that will determine what your civil service appeal rights mean in practice going forward.

Legal Insight:
The U.S. Court of Appeals for the Federal Circuit has exclusive jurisdiction over appeals from the MSPB, and its decisions on civil service matters carry significant weight. If the Federal Circuit narrows or reverses the MSPB’s ruling, the constitutional door the board opened Friday may close. If it affirms the ruling, agencies will have a confirmed legal pathway to challenge MSPB jurisdiction through constitutional arguments for a broader category of positions. Either outcome takes time to resolve. Your immediate obligation — if you have received an adverse action — is to file your appeal within the applicable deadline, which is generally 30 days. Because that window is strict and short, consider talking with your union and a qualified federal employment attorney right away.

Mindful Moment of the Day

Tech Glitches, Calm Nervous System 

When your VPN drops in the middle of a Teams briefing or your audio won’t work, stress can spike fast. As soon as you notice that wave, take one long inhale, one long exhale, and relax your shoulders before you touch any settings. Then move in a simple order: breathe, check one thing (mute, wires, Wi‑Fi), breathe, then try the next step. You may still need IT, but you’ll arrive there less frazzled and better able to explain what’s going wrong.

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