Case: Harris v. Bessent

1:25-cv-00412 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 11, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Trump Administration's termination of a member of the Merit Systems Protection Board. On February 11, 2025, Cathy Harris, a duly appointed/confirmed Member of the Merit Systems Protection Board (MSPB) filed this lawsuit in the United States District Court for the District of Columbia. She sued President Trump, the Secretary of Treasury, the Acting Chairman of the Merit System Protection Board, the Director of the Office of Management and Budget, and Director and Deputy …

This case challenged the Trump Administration's termination of a member of the Merit Systems Protection Board. On February 11, 2025, Cathy Harris, a duly appointed/confirmed Member of the Merit Systems Protection Board (MSPB) filed this lawsuit in the United States District Court for the District of Columbia. She sued President Trump, the Secretary of Treasury, the Acting Chairman of the Merit System Protection Board, the Director of the Office of Management and Budget, and Director and Deputy Director of the White House Presidential Personnel Office to challenge her firing, which she alleged violated 5 U.S.C. § 1202, the Administrative Procedure Act, and the Separation of Powers. Represented by private counsel, the complaint sought declaratory and injunctive relief as well as attorney fees. Simultaneously with the complaint, the plaintiff also filed an emergency motion for temporary restraining order (TRO) to pause her firing.

The key precedent in the case is the 1935 case of Humphrey’s Executor v. United States, 295 U.S. 602 (1935), in which the Supreme Court held that the president lacked the authority to fire a member of the Federal Trade Commission whose tenure was protected by statute. In 2020, in Seila Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183 (2020), the Court cut back the Humphrey's Executor rule, holding that the statute protecting the CFPB's single director—allowing his removal only for “inefficiency, neglect of duty, or malfeasance in office" unconstitutionally infringed the President's exercise of "the Executive power."  But the Court expressly stated that Seila Law's holding did not reach for-cause removal protection for members of a multi-member commission, such as the MSPB.   

The case was assigned to District Judge Rudolph Contreras. On Feb. 18, Judge Contreras granted the TRO, ordering the plaintiff's restoration as Chair of the MSPB until the court ruled whether a preliminary injunction should issue--a hearing on that was set for March 3, 2025. 775 F.Supp.3d 86. On Feb. 20, the government filed a district court motion for a stay of this order; Judge Contreras rejected a stay. 2025 WL 2576527. The government appealed, but while the appeal was being briefed, Judge Contreras granted summary judgment and an injunction and declaratory judgment on March 4, 2025. 775 F.Supp.3d 164. The court declared that Plaintiff Cathy A. Harris remains a member of the Merit Systems Protection Board and ordered that she shall continue to serve as a member of the Merit Systems Protection Board until her term expires pursuant to 5 U.S.C. § 1202, unless she is removed earlier for inefficiency, neglect of duty, or malfeasance in office under that statute. It enjoined the defendants from treating the plaintiff as having been removed, denying or obstructing her access to any of the benefits or resources of her office, placing a replacement in her position, or otherwise recognizing any other person as a member of the Merit Systems Protection Board in Harris’s position.  ___ F.Supp. 3d ___, 2025 WL 679303.

This government immediately appealed, and the D.C. Circuit consolidated that appeal with the pending appeal of the Temporary Restraining Order; oral argument was held on March 18, 2025, before Judges Henderson, Millett and Walker. On March 28, 2025, each member of the panel issued a different opinion: Judges Walker and Henderson voted for granting the government's emergency motions for stay; Judge Millett dissented.  2025 WL 2576684. 2025 WL 980278.

The plaintiff sought en banc review and an administrative stay of the panel decision. On April 7, 2025, by a vote of 7-4, the en banc court of appeals vacated the panel’s stay, allowing the district court's injunction to take effect. 2025 WL 1021435. The court read the Supreme Court case of Humphrey's Executor v. United States, 295 U.S. 602 (1935), to establish the lawfulness of “removal restrictions for governmental officials on multimember adjudicatory boards.”  By a vote of 6-5, the court also denied the government’s request to stay the vacatur of the panel’s order for seven days to give the government time to seek Supreme Court relief.  2025 WL 1033740.

The government immediately sought a stay from the Supreme Court; Chief Justice Roberts granted an administrative stay on April 9. 2025 WL 1063917.  Then, on May 22, the Court granted a longer-lasting stay during the disposition of the case in the D.C. Circuit and any review in the Supreme Court. 145 S.Ct. 1415. Justice Kagan, joined by Justice Sotomayor and Justice Jackson, dissented.  The Court's unsigned majority opinion stated:

The stay reflects our judgment that the Government is likely to show that both the NLRB and
MSPB exercise considerable executive power. But we do not ultimately decide in this posture whether the NLRB or MSPB falls within . . . a recognized exception; that question is better left for resolution after full briefing and argument. 

___ S.Ct. ___, 2025 WL 1464804. 

Meanwhile, oral argument was held in the D.C. Circuit on May 16, 2025. On September 22, the Supreme Court notified the D.C. Circuit that it declined to grant certiorari prior to judgement.

The case is ongoing. 

Summary Authors

Alaa Mustafa (2/23/2025)

Clearinghouse (5/22/2025)

Jeremiah Price (7/30/2025)

Related Cases

Wilcox v. Trump, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69704122/parties/cathy-harris-v-scott-bessent/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Attorney, Daniel J. (District of Columbia)

Attorney, Joshua Marc (District of Columbia)

Attorney, Michael S. (District of Columbia)

Expert/Monitor/Master/Other

Akerman, Martin (District of Columbia)

Ali, Kathryn Marshall

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00412

Complaint for Declaratory and Injunctive Relief

Feb. 11, 2025

Feb. 11, 2025

Complaint
2-1

1:25-cv-00412

Memorandum of Law in Support of Plaintiff’s Motion for a Temporary Restraining Order

Feb. 11, 2025

Feb. 11, 2025

Pleading / Motion / Brief
6

1:25-cv-00412

Defendants’ Opposition to Plaintiff’s Motion for a Temporary Restraining Order

Feb. 13, 2025

Feb. 13, 2025

Pleading / Motion / Brief
7

1:25-cv-00412

Plaintiff's Reply in Support of Plaintiff's Motion for a Temporary Restraining Order

Feb. 14, 2025

Feb. 14, 2025

Pleading / Motion / Brief
9

1:25-cv-00412

Memorandum Opinion

Feb. 18, 2025

Feb. 18, 2025

Order/Opinion

775 F.Supp.3d 86

17

1:25-cv-00412

Opposition to Defendants' Motion to Stay Temporary Restraining Order

Feb. 20, 2025

Feb. 20, 2025

Pleading / Motion / Brief
18

1:25-cv-00412

Order

Feb. 20, 2025

Feb. 20, 2025

Order/Opinion

2025 WL 2576527

16

1:25-cv-00412

Defendants' Motion to Stay the Court's Temporary Restraining Order

Feb. 20, 2025

Feb. 20, 2025

Pleading / Motion / Brief
22

1:25-cv-00412

Plaintiff's Motion For Preliminary Injunction and Judgment on the Merits

Feb. 23, 2025

Feb. 23, 2025

Pleading / Motion / Brief
34

1:25-cv-00412

Brief of the State of Florida, 19 States, and the Arizona Legislature as Amici Curiae in Opposition to Plaintiff's Motion for Preliminary Injunction and Judgment on the Merits

Feb. 28, 2025

Feb. 28, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69704122/cathy-harris-v-scott-bessent/

Last updated Nov. 28, 2025, 7:11 a.m.

ECF Number Description Date Link Date / Link
1208716616

NOTICE OF APPEAL [2103874] seeking review of a decision by the U.S. District Court in 1:25-cv-00412-RC filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought. Appeal assigned USCA Case Number: 25-5055. [25-5055] [Entered: 03/04/2025 05:10 PM]

March 4, 2025

March 4, 2025

1208716634

CLERK'S ORDER [2103883] filed consolidating cases 25-5055 (Consolidation started 03/04/2025) with 25-5037 [25-5037, 25-5055] [Entered: 03/04/2025 05:22 PM]

March 4, 2025

March 4, 2025

1208716658

ENTRY OF APPEARANCE [2103899] filed by Neal Kumar Katyal and co-counsel Nathaniel A.G. Zelinsky, Ezra Louvis on behalf of Appellee Cathy A. Harris. [25-5055] (Katyal, Neal) [Entered: 03/04/2025 07:05 PM]

March 4, 2025

March 4, 2025

US CIVIL CASE docketed. [25-5055] [Entered: 03/04/2025 05:06 PM]

March 4, 2025

March 4, 2025

1208716778

ENTRY OF APPEARANCE [2103979] filed by Jeremy D. Wright and co-counsel Michael J. Kator, Kerrie D. Riggs on behalf of Appellee Cathy A. Harris in 25-5055, 25-5037. [25-5055, 25-5037] (Wright, Jeremy) [Entered: 03/05/2025 11:37 AM]

March 5, 2025

March 5, 2025

1208717293

ENTRY OF APPEARANCE [2104272] filed by Laura E. Myron and co-counsel Joshua M. Salzman, Michael S. Raab on behalf of Appellants Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought. [25-5055] (Myron, Laura) [Entered: 03/06/2025 01:53 PM]

March 6, 2025

March 6, 2025

RECAP
1208717390

EMERGENCY MOTION [2104332] to stay underlying order pending appeal filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought (Service Date: 03/06/2025 by CM/ECF NDA) Length Certification: 4,814 words. [25-5055] (Myron, Laura) [Entered: 03/06/2025 03:39 PM]

March 6, 2025

March 6, 2025

RECAP
1208717453

LETTER [2104366] filed by Cathy A. Harris [Service Date: 03/06/2025 ] [25-5055] (Katyal, Neal) [Entered: 03/06/2025 05:40 PM]

March 6, 2025

March 6, 2025

RECAP
1208717462

CORRECTED LETTER [2104369] filed by Cathy A. Harris [Service Date: 03/06/2025 ] [25-5055] (Katyal, Neal) [Entered: 03/06/2025 05:58 PM]

March 6, 2025

March 6, 2025

RECAP
1208717474

PER CURIAM ORDER [2104374] filed directing response to emergency motion for stay pending appeal [2104332-2] in 25-5055 . Appellee shall file a response to the emergency motion by 11:59 p.m. on March 10, 2025. Any reply is due by 5:00 p.m. on March 12, 2025.Before Judges: Henderson, Millett and Walker. [25-5037, 25-5055] [Entered: 03/06/2025 06:51 PM]

March 6, 2025

March 6, 2025

RECAP
1208717977

AMICUS FOR APPELLANT BRIEF [2104606] filed by FLORIDA, ALABAMA, ARKANSAS, GEORGIA, IDAHO, INDIANA, IOWA, KANSAS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, MONTANA, NEBRASKA, NORTH DAKOTA, OKLAHOMA, SOUTH CAROLINA, TENNESSEE, TEXAS, UTAH, WEST VIRGINIA AND THE ARIZONA LEGISLATURE [Service Date: 03/09/2025 ] Length of Brief: 2593. [25-5037, 25-5055] (DeSousa, Jeffrey) [Entered: 03/09/2025 05:33 PM]

March 9, 2025

March 9, 2025

RECAP
1208718258

CONSENT NOTICE [2104792] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Constitutional Accountability Center [Service Date: 03/10/2025 ] [25-5037, 25-5055]--[Edited 03/12/2025 by EMT--MODIFIED PARTY FILER] (Gorod, Brianne) [Entered: 03/10/2025 02:47 PM]

March 10, 2025

March 10, 2025

1208718266

CONSENT AMICUS FOR APPELLEE BRIEF [2104796] filed by Constitutional Accountability Center [Service Date: 03/10/2025 ] Length of Brief: 2,599 words. [25-5037, 25-5055] (Gorod, Brianne) [Entered: 03/10/2025 02:51 PM]

March 10, 2025

March 10, 2025

RECAP
1208718535

RESPONSE IN OPPOSITION [2104923] to motion for stay pending appeal [2104332-2] filed by Cathy A. Harris in 25-5055 [Service Date: 03/10/2025 by CM/ECF NDA] Length Certification: Pursuant to Federal Rule of Appellate Procedure 27(d)(2)(A), I certify that Appellee's Response Brief contains 5,197 words. This Brief also complies with the requirements of Federal Rules of Appellate Procedure 32(a)(5) and 32(a)(6). [25-5055, 25-5037] (Katyal, Neal) [Entered: 03/10/2025 10:32 PM]

March 10, 2025

March 10, 2025

RECAP
1208718777

NOTICE [2105055] of intention to participate as amicus curiae [Disclosure Listing: Not Attached] filed by Professors John Coates, Jeffrey N. Gordon, Kathryn Judge, and Lev Menand [Service Date: 03/11/2025 ] [25-5055]--[Edited 03/12/2025 by LMF] (Hirsch, Steven) [Entered: 03/11/2025 01:56 PM]

March 11, 2025

March 11, 2025

RECAP
1208718783

CONSENT AMICUS FOR APPELLEE BRIEF [2105057] filed by Professors John Coates, Jeffrey N. Gordon, Kathryn Judge, and Lev Menand [Service Date: 03/11/2025 ] Length of Brief: 5,433. [25-5055] (Hirsch, Steven) [Entered: 03/11/2025 01:58 PM]

March 11, 2025

March 11, 2025

RECAP
1208719234

ENTRY OF APPEARANCE [2105323] filed by Laura E. Myron and co-counsel Daniel Aguilar on behalf of Appellants Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought in 25-5055, 25-5037. [25-5055, 25-5037] (Aguilar, Daniel) [Entered: 03/12/2025 01:45 PM]

March 12, 2025

March 12, 2025

RECAP
1208719257

ENTRY OF APPEARANCE [2105331] filed by Brianne J. Gorod and co-counsel Elizabeth B. Wydra, Brian R. Frazelle on behalf of Amicus Curiae for Appellee Constitutional Accountability Center in 25-5037. [25-5055, 25-5037] (Gorod, Brianne) [Entered: 03/12/2025 02:05 PM]

March 12, 2025

March 12, 2025

RECAP
1208719368

REPLY [2105397] filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought to response [2104923-2] [Service Date: 03/12/2025 by CM/ECF NDA] Length Certification: 2,365 words. [25-5055] (Aguilar, Daniel) [Entered: 03/12/2025 04:00 PM]

March 12, 2025

March 12, 2025

RECAP
1208719371

PER CURIAM ORDER [2105398] filed scheduling oral argument on Tuesday, 03/18/2025; allocating oral argument time as follows: Appellants - 30 Minutes, Appellee Harris - 15 Minutes, Appellee Wilcox - 15 Minutes; directing party to file Form 72 notice of arguing attorney by 03/13/2025. Before Judges: Henderson, Millett and Walker. [25-5055, 25-5037, 25-5057] [Entered: 03/12/2025 04:02 PM]

March 12, 2025

March 12, 2025

RECAP
1208719391

NOTICE [2105408] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Jeffrey DeSousa for Florida, Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, N. Dakota, Oklahoma, S. Carolina, Tennessee, Texas, Utah, W. Virginia, and Arizona Legislature [Service Date: 03/12/2025 ] [25-5037]--[Edited 03/13/2025 by EMT--MODIFIED PARTY FILER] (DeSousa, Jeffrey) [Entered: 03/12/2025 04:15 PM]

March 12, 2025

March 12, 2025

RECAP
1208719485

ENTRY OF APPEARANCE [2105450] filed by Laura E. Myron and co-counsel Eric D. McArthur on behalf of Appellants Trent Morse and Russell T. Vought in 25-5055, Appellants Scott Bessent, Sergio Gor, Henry Kerner and Donald J. Trump in 25-5037. [25-5055, 25-5037] (McArthur, Eric) [Entered: 03/12/2025 06:32 PM]

March 12, 2025

March 12, 2025

RECAP

FORM 72 submitted by arguing attorney, Nathaniel A.G. Zelinsky, on behalf of Appellee Cathy A. Harris (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [25-5055]--[Edited 03/13/2025 by LMM] (Zelinsky, Nathaniel) [Entered: 03/12/2025 06:14 PM]

March 12, 2025

March 12, 2025

1208719779

CONSENT MOTION [2105622] to participate as amicus curiae [Disclosure Listing: Attached] filed by Martin Akerman, pro se -- Related CADC: 23-5309; CA9: 24-6166, 24-6641, 24-6975; CAFC: 24-1912, 24-1913, 24-1914, 24-1915, 24-1926; Supreme Court 24A730 and 24A731 DISTRIBUTED for Conference of 3/21/2025. Corporate Disclosure Page 7. [Service Date: 03/13/2025 ] [25-5037, 25-5055] (Akerman, Martin) [Entered: 03/13/2025 02:29 PM]

March 13, 2025

March 13, 2025

FORM 72 submitted by arguing attorney, Eric D. McArthur, on behalf of Appellants Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought in 25-5055 (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [25-5055, 25-5037] (McArthur, Eric) [Entered: 03/13/2025 06:37 AM]

March 13, 2025

March 13, 2025

1208721037

ORAL ARGUMENT HELD before Judges Henderson, Millett and Walker. [25-5037, 25-5055] [Entered: 03/18/2025 01:53 PM]

March 18, 2025

March 18, 2025

RECAP
1208721223

PER CURIAM ORDER [2106375] filed setting briefing schedule: APPELLANT Brief due 03/27/2025. APPENDIX due 03/27/2025. AMICUS FOR APPELLANT Brief due 03/29/2025. APPELLEE Brief due on 04/07/2025. AMICUS FOR APPELLEE Brief due 04/09/2025. APPELLANT Reply Brief due 04/11/2025. Before Judges: Henderson, Millett and Walker. [25-5037, 25-5055] [Entered: 03/18/2025 06:11 PM]

March 18, 2025

March 18, 2025

RECAP

ORAL ARGUMENT HELD before Judges Henderson, Millett and Walker. [25-5037, 25-5055] [Entered: 03/18/2025 12:33 PM]

March 18, 2025

March 18, 2025

1208722594

CLERK'S ORDER [2107134] filed scheduling oral argument on Friday, 05/16/2025. [25-5037, 25-5055] [Entered: 03/21/2025 03:54 PM]

March 21, 2025

March 21, 2025

RECAP
1208722684

PER CURIAM ORDER [2107167] filed granting motion to participate as amicus curiae [2105622-2] in 25-5037, 25-5055, granting motion to participate as amicus curiae [2105453-2] in 25-5057, granting motion to participate as amicus curiae [2105152-2] in 25-5057, granting motion to participate as amicus curiae [2105001-2] in 25-5057, granting motion to participate as amicus curiae [2104884-2] in 25-5057. Before Judges: Henderson, Millett, Walker. [25-5037, 25-5055, 25-5057] [Entered: 03/21/2025 07:05 PM]

March 21, 2025

March 21, 2025

RECAP
1208724430

APPELLANT BRIEF [2108070] filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought in 25-5055, 25-5037 [Service Date: 03/27/2025 ] Length of Brief: 10,786 words. [25-5055, 25-5037] (Aguilar, Daniel) [Entered: 03/27/2025 02:09 PM]

March 27, 2025

March 27, 2025

RECAP
1208724442

JOINT APPENDIX [2108074] filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought in 25-5055, 25-5037 [Volumes: 1] [Service Date: 03/27/2025 ] [25-5055, 25-5037] (Aguilar, Daniel) [Entered: 03/27/2025 02:12 PM]

March 27, 2025

March 27, 2025

RECAP
1208724667

AMICUS FOR APPELLANT BRIEF [2108169] filed by Mr. Martin Akerman in 25-5055, 25-5037 Martin Akerman, pro se [Service Date: 03/27/2025 ] Length of Brief: 6,092 Words. [25-5055, 25-5037] (Akerman, Martin) [Entered: 03/27/2025 07:29 PM]

March 27, 2025

March 27, 2025

TRANSCRIPT 2107947 of oral argument (For Internal Use Only: Transcript is only available to court staff). [25-5037, 25-5055] [Entered: 03/27/2025 07:50 AM]

March 27, 2025

March 27, 2025

TRANSCRIPT 2107948 of oral argument (For Internal Use Only: Transcript is only available to court staff). [25-5037, 25-5055] [Entered: 03/27/2025 07:51 AM]

March 27, 2025

March 27, 2025

1208724995

PER CURIAM ORDER [2108335] filed granting the emergency motions for stay filed in Nos. 25-5055 [2104332-2], and 25-5057 [2104700-2]. Separate concurring statements of Judge Walker and Judge Henderson and a dissenting statement of Judge Millett are attached. Before Judges: Henderson, Millett* and Walker. (*Judge Millett dissents from the grant of the emergency motions for stay.) [25-5037, 25-5055, 25-5057] [Entered: 03/28/2025 03:13 PM]

March 28, 2025

March 28, 2025

Clearinghouse
1208725114

EMERGENCY MOTION [2108398] to Stay Pending Request for Hearing En Banc filed by Cathy A. Harris (Service Date: 03/28/2025 by CM/ECF NDA) Length Certification: 1,027. [25-5055] (Katyal, Neal) [Entered: 03/28/2025 06:04 PM]

March 28, 2025

March 28, 2025

RECAP
1208725139

PER CURIAM ORDER [2108408] filed it is ORDERED that appellants file a combined response to the motions by 5:00 p.m. on Sunday, March 30, 2025. Before Judges: Henderson, Millett and Walker. [25-5037, 25-5055] [Entered: 03/29/2025 09:24 AM]

March 29, 2025

March 29, 2025

RECAP
1208725154

AMICUS FOR APPELLANT BRIEF [2108427] filed by State of Florida, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and the Arizona Legislature in 25-5037 [Service Date: 03/29/2025 ] Length of Brief: 6,488 Words. [25-5037, 25-5055]--[Edited 04/01/2025 by EMT] (Forrester, Nathan) [Entered: 03/29/2025 03:51 PM]

March 29, 2025

March 29, 2025

RECAP
1208725160

CONSENT MOTION [2108429] to supplement record filed by Mr. Martin Akerman in 25-5037, 25-5055 (Service Date: 03/29/2025 by CM/ECF NDA) Length Certification: 481 Words. [25-5037, 25-5055] (Akerman, Martin) [Entered: 03/29/2025 04:00 PM]

1 Motion Filed

View on RECAP

2 Exhibit A- CA 9 24-6975 Emergency Motion

View on RECAP

3 Exhibit B- OSC Mediation/Investigation

View on RECAP

4 Exhibit C- 2025-03-28 FOIA Motion in Related Case 23-5309

View on RECAP

March 29, 2025

March 29, 2025

1208725166

DUPLICATE AMICUS FOR APPELLANT BRIEF [2108430] filed by State of Florida, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and the Arizona Legislature in 25-5037 [Service Date: 03/29/2025 ] Length of Brief: 6,488 Words. [25-5037, 25-5055]--[Edited 04/01/2025 by EMT] (DeSousa, Jeffrey) [Entered: 03/29/2025 04:18 PM]

March 29, 2025

March 29, 2025

RECAP
1208725187

RESPONSE IN OPPOSITION [2108438] to motion for other relief [2108398-2] filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought [Service Date: 03/30/2025 by CM/ECF NDA] Length Certification: 1244 words. [25-5055] (Myron, Laura) [Entered: 03/30/2025 01:34 PM]

March 30, 2025

March 30, 2025

RECAP
1208725196

REPLY [2108441] filed by Cathy A. Harris to response [2108438-2] [Service Date: 03/30/2025 by CM/ECF NDA] Length Certification: 1,704 Words. [25-5055] (Katyal, Neal) [Entered: 03/30/2025 04:05 PM]

March 30, 2025

March 30, 2025

RECAP
1208725202

PER CURIAM ORDER [2108449] filed upon consideration of the emergency motions for administrative stay, the combined opposition thereto, and the reply filed in No. 25-5037, et al., it is ORDERED that the motions be denied. Before Judges: Henderson, Millett and Walker. [25-5037, 25-5055] [Entered: 03/30/2025 06:21 PM]

March 30, 2025

March 30, 2025

Clearinghouse
1208725337

PETITION [2108544] for rehearing en banc and initial mertis hearing en banc filed by Appellee Cathy A. Harris [Service Date: 03/31/2025 by CM/ECF NDA] Length Certification: 3,885 Words. [25-5055]--[Edited 04/01/2025 by LMF] (Katyal, Neal) [Entered: 03/31/2025 12:53 PM]

March 31, 2025

March 31, 2025

RECAP
1208725951

CLERK'S ORDER [2108867] filed directing response to petition for hearing en banc [2108544-2] in 25-5055. Response to the request for en banc reconsideration and vacatur is due by 5:00 p.m. on Wednesday, April 2, 2025. The response may not exceed the length limitations established by the order. [25-5037, 25-5055] [Entered: 04/01/2025 05:54 PM]

April 1, 2025

April 1, 2025

RECAP
1208726223

RESPONSE [2109015] to petition for rehearing en banc [2108544-2], petition for hearing en banc [2108544-3] filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought in 25-5055, 25-5037 [Service Date: 04/02/2025 by CM/ECF NDA] Length Certification: 1,692 words. [25-5055, 25-5037] (Aguilar, Daniel) [Entered: 04/02/2025 02:06 PM]

April 2, 2025

April 2, 2025

RECAP
1208727297

PER CURIAM ORDER, En Banc, [2109524] filed considering the petitions for hearing en banc [2108544-2] [2108544-3], which include motions for en banc reconsideration and vacatur of the court’s March 28, 2025 order granting the government’s motions for a stay pending appeal, and the combined opposition thereto, which includes a request for a 7-day stay if the motions are granted, it is ORDERED that the motions for en banc reconsideration and vacatur be granted and the government’s motions for a stay pending appeal be denied. It is FURTHER ORDERED that the request for a 7-day stay be denied. SEE ORDER FOR DETAILS. Before Judges: Srinivasan, Henderson, Millett, Pillard, Wilkins, Katsas, Rao, Walker, Childs, Pan and Garcia. (Chief Judge Srinivasan fully joins this order, but he would grant the government’s request to stay this order for 7 days to permit the government to seek relief from the Supreme Court. Circuit Judges Henderson, Katsas, Rao, and Walker dissent from this order, and they would also grant the government’s request to stay this order for 7 days to permit the government to seek relief from the Supreme Court. Separate dissenting statements of Circuit Judges Henderson, Rao, and Walker are attached. Circuit Judges Henderson, Katsas, and Walker join in the statement of Circuit Judge Rao. Circuit Judge Henderson joins in the statement of Circuit Judge Walker.) . [25-5037, 25-5055] [Entered: 04/07/2025 07:54 AM]

April 7, 2025

April 7, 2025

Clearinghouse
1208727300

PER CURIAM ORDER, En Banc, [2109526] filed denying petitions for initial hearing en banc [2108544-2] [2108544-3]. Before Judges: Srinivasan, Henderson, Millett, Pillard, Wilkins, Katsas, Rao, Walker, Childs, Pan and Garcia. [25-5037, 25-5055] [Entered: 04/07/2025 07:58 AM]

April 7, 2025

April 7, 2025

RECAP
1208727676

APPELLEE BRIEF [2109696] filed by Cathy A. Harris [Service Date: 04/07/2025 ] Length of Brief: 12,972 words. [25-5055] (Katyal, Neal) [Entered: 04/07/2025 07:08 PM]

April 7, 2025

April 7, 2025

RECAP
1208727690

SEPARATE STATUTORY ADDENDUM [2109699] to Appellee/Respondent brief [2109696-2] filed by Cathy A. Harris [Service Date:04/07/2025 ] [25-5055] (Katyal, Neal) [Entered: 04/07/2025 07:11 PM]

April 7, 2025

April 7, 2025

RECAP
1208728130

CONSENT NOTICE [2109973] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Patrick Borchers, Michael Dorf, Kellen Funk, Aziz Huq, Riley Keenan, James Pfander, and Jonathan Shaub [Service Date: 04/08/2025 ] [25-5037, 25-5055]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Sellers, Joseph) [Entered: 04/08/2025 05:22 PM]

April 8, 2025

April 8, 2025

1208728148

CONSENT NOTICE [2109985] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Peter Conti-Brown [Service Date: 04/08/2025 ] [25-5037, 25-5055]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Pittard, William) [Entered: 04/08/2025 06:09 PM]

April 8, 2025

April 8, 2025

1208728178

CONSENT NOTICE [2109995] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Government Accountability Project, Inc. [Service Date: 04/09/2025 ] [25-5037, 25-5055]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Guyer, Thad) [Entered: 04/09/2025 07:53 AM]

April 9, 2025

April 9, 2025

1208728193

NOTICE [2110010] of intention to participate as amicus curiae [Disclosure Listing: Not Attached] filed by Professors John Coates, Jeffrey N. Gordon, Kathryn Judge, and Lev Menand [Service Date: 04/09/2025 ] [25-5037, 25-5055]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Hirsch, Steven) [Entered: 04/09/2025 09:08 AM]

April 9, 2025

April 9, 2025

1208728196

AMICUS FOR APPELLEE BRIEF [2110011] filed by Professors John Coates, Jeffrey N. Gordon, Kathryn Judge, and Lev Menand [Service Date: 04/09/2025 ] Length of Brief: 5,557. [25-5037, 25-5055] (Hirsch, Steven) [Entered: 04/09/2025 09:10 AM]

April 9, 2025

April 9, 2025

1208728221

CONSENT NOTICE [2110025] filed to participate as amicus curiae filed by Constitutional Accountability Center in 25-5037, 25-5055 [Service Date: 04/09/2025 ] [25-5037, 25-5055] (Gorod, Brianne) [Entered: 04/09/2025 09:55 AM]

April 9, 2025

April 9, 2025

1208728229

CONSENT AMICUS FOR APPELLEE BRIEF [2110029] filed by Constitutional Accountability Center in 25-5037, 25-5055 [Service Date: 04/09/2025 ] Length of Brief: 6,497 words. [25-5037, 25-5055] (Gorod, Brianne) [Entered: 04/09/2025 10:06 AM]

April 9, 2025

April 9, 2025

1208728241

NOTICE [2110033] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Public Citizen [Service Date: 04/09/2025 ] [25-5055] (Sansone, Nicolas) [Entered: 04/09/2025 10:12 AM]

April 9, 2025

April 9, 2025

1208728252

CONSENT MOTION [2110039] for one-day extension to file paper copies of amicus brief [Disclosure Listing: Previously Filed] filed by Government Accountability Project, Inc. [Service Date: 04/09/2025 ] [25-5037, 25-5055]--[Edited 04/09/2025 by EMT] (Guyer, Thad) [Entered: 04/09/2025 10:15 AM]

April 9, 2025

April 9, 2025

1208728259

AMICUS FOR APPELLEE BRIEF [2110041] filed by Public Citizen [Service Date: 04/09/2025 ] Length of Brief: 2,901 Words. [25-5055] (Sansone, Nicolas) [Entered: 04/09/2025 10:18 AM]

April 9, 2025

April 9, 2025

1208728408

CONSENT NOTICE [2110113] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by 253 Members of Congress [Service Date: 04/09/2025 ] [25-5037, 25-5055]--[Edited 04/09/2025 by EMT--MODIFIED PARTY FILER] (Schoenberg, Anthony) [Entered: 04/09/2025 01:42 PM]

April 9, 2025

April 9, 2025

1208728417

CONSENT AMICUS FOR APPELLANT BRIEF [2110116] filed by 253 Members of Congress [Service Date: 04/09/2025 ] Length of Brief: 6,216 words. [25-5037, 25-5055] (Schoenberg, Anthony) [Entered: 04/09/2025 01:47 PM]

April 9, 2025

April 9, 2025

1208728420

NOTICE [2110117] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Former Board Members and General Counsel of the Merit Systems Protection Board: Jessica Parks, Raymond Limon and Mr. James M. Eisenmann in 25-5055, 25-5037 [Service Date: 04/09/2025 ] [25-5055, 25-5037]--[Edited 04/10/2025 by LMF] (Lockwood, Elizabeth) [Entered: 04/09/2025 01:48 PM]

April 9, 2025

April 9, 2025

1208728434

CONSENT AMICUS FOR APPELLEE BRIEF [2110127] filed by Former Board Members and General Counsel of the Merit Systems Protection Board [Service Date: 04/09/2025 ] Length of Brief: 3,541 Words. [25-5055, 25-5037] (Lockwood, Elizabeth) [Entered: 04/09/2025 02:00 PM]

April 9, 2025

April 9, 2025

1208728442

CONSENT AMICUS FOR APPELLEE BRIEF [2110129] lodged by Patrick Borchers, Michael Dorf, Kellen Funk, Aziz Huq, Riley Keenan, James Pfander, and Jonathan Shaub [Service Date: 04/09/2025 ] Length of Brief: 6,477 words. [25-5055, 25-5037]--[Edited 04/09/2025 by EMT--MODIFIED EVENT FROM FILED TO LODGED] (Sellers, Joseph) [Entered: 04/09/2025 02:07 PM]

April 9, 2025

April 9, 2025

1208728524

MOTION [2110171] to participate as amicus curiae [Disclosure Listing: Attached] filed by Joseph Carson [Service Date: 04/09/2025 ] [25-5055, 25-5037] (Carson, Joseph) [Entered: 04/09/2025 03:42 PM]

April 9, 2025

April 9, 2025

1208728609

AMICUS FOR APPELLEE BRIEF [2110215] filed by Hawaii, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, Dist of Columbia [Service Date: 04/09/2025 ] Length of Brief: 5,395. [25-5055]--[Edited 04/10/2025 by LMF] (Fernandes, Kalikoonalani) [Entered: 04/09/2025 05:31 PM]

April 9, 2025

April 9, 2025

1208728643

CONSENT AMICUS FOR APPELLEE BRIEF [2110225] filed by Peter Conti-Brown in 25-5037 [Service Date: 04/09/2025 ] Length of Brief: 4,056 Words. [25-5037, 25-5055] (Pittard, William) [Entered: 04/09/2025 07:07 PM]

April 9, 2025

April 9, 2025

1208728652

CORRECTED AMICUS FOR APPELLEE BRIEF [2110228] filed by Patrick Borchers, Michael Dorf, Kellen Funk, Aziz Huq, Riley Keenan, James Pfander, and Jonathan Shaub [Service Date: 04/09/2025 ] Length of Brief: 6,477 words. [25-5037] (Sellers, Joseph) [Entered: 04/09/2025 07:30 PM]

April 9, 2025

April 9, 2025

1208728673

CONSENT AMICUS FOR APPELLEE FINAL BRIEF [2110235] filed by Government Accountability Project, Inc. in 25-5037 National Security Counselors, National Whistleblower Center, Project On Government Oversight, Whistleblowers Of America [Service Date: 04/09/2025 ] Length of Brief: 2,471. [25-5037, 25-5055] (Guyer, Thad) [Entered: 04/09/2025 11:12 PM]

April 9, 2025

April 9, 2025

1208728983

ENTRY OF APPEARANCE [2110417] filed by Nicolas Sansone and co-counsel Allison Zieve on behalf of Amicus Curiae for Appellee Public Citizen in 25-5055. [25-5037, 25-5055] (Sansone, Nicolas) [Entered: 04/10/2025 02:52 PM]

April 10, 2025

April 10, 2025

1208729029

ENTRY OF APPEARANCE [2110436] filed by Elizabeth Lockwood and co-counsel Kathryn Ali on behalf of Amici Curiae for Appellee Raymond Limon, Jessica Parks and Mr. James M. Eisenmann in 25-5055, 25-5037. [25-5055, 25-5037] (Lockwood, Elizabeth) [Entered: 04/10/2025 03:27 PM]

April 10, 2025

April 10, 2025

1208729089

AMICUS FOR APPELLEE BRIEF [2110469] lodged by Joseph Carson [Service Date: 04/10/2025 ] Length of Brief: 1819 words. [25-5055, 25-5037]--[Edited 04/11/2025 by LMF] (Carson, Joseph) [Entered: 04/10/2025 05:07 PM]

April 10, 2025

April 10, 2025

1208729125

NOTICE [2110483] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Hawaii, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, Dist. of Columbia [Service Date: 04/10/2025 ] [25-5055] (Fernandes, Kalikoonalani) [Entered: 04/10/2025 06:15 PM]

April 10, 2025

April 10, 2025

1208729414

APPELLANT REPLY BRIEF [2110610] filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought in 25-5055, 25-5037 [Service Date: 04/11/2025 ] Length of Brief: 5,902 words. [25-5055, 25-5037] (Aguilar, Daniel) [Entered: 04/11/2025 01:42 PM]

April 11, 2025

April 11, 2025

1208730659

CLERK'S ORDER [2111251] filed granting the motion of amici curiae Government Accoutability Project, Inc. for one day extension to file paper copies of its brief in support of appellee [2110039-2]. [25-5037, 25-5055] [Entered: 04/15/2025 04:29 PM]

April 15, 2025

April 15, 2025

RECAP
1208730973

PER CURIAM ORDER [2111442] filed denying the motion of amicus curiae Martin Akerman to supplement record [2108429-2] Before Judges: Katsas, Walker and Pan. [25-5037, 25-5055] [Entered: 04/16/2025 04:28 PM]

April 16, 2025

April 16, 2025

RECAP
1208732328

PER CURIAM ORDER [2112113] filed granting motion pro se movant Joseph Carson for leave to participate as amicus curiae in support of appellee [2110171-2]; The Clerk is directed to file Amicus brief [2110469-2] Before Judges: Katsas, Walker and Pan. [25-5037, 25-5055] [Entered: 04/22/2025 02:14 PM]

April 22, 2025

April 22, 2025

RECAP

PER ABOVE ORDER lodged Amicus brief [2110469-2] is filed [25-5037, 25-5055] [Entered: 04/22/2025 02:16 PM]

April 22, 2025

April 22, 2025

1208736007

PER CURIAM ORDER [2114088] filed allocating oral argument time as follows: Appellants - 30 Minutes, Appellee Cathy Harris - 15 Minutes, Appellee Gwynne Wilcox - 15 Minutes. Directing parties to file their Form 72 notice of arguing attorneys by 05/05/2025. [25-5037, 25-5055, 25-5057] [Entered: 05/02/2025 03:50 PM]

May 2, 2025

May 2, 2025

RECAP

FORM 72 submitted by arguing attorney, Nathaniel A.G. Zelinsky, on behalf of Appellee Cathy A. Harris (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [25-5037] (Zelinsky, Nathaniel) [Entered: 05/02/2025 06:16 PM]

May 2, 2025

May 2, 2025

1208736466

ENTRY OF APPEARANCE [2114298] filed by Laura E. Myron and co-counsel Harry Graver on behalf of Appellants Scott Bessent, Sergio Gor, Trent Morse, Henry Kerner, Russell T. Vought and Donald J. Trump in 25-5055, 25-5037. [25-5055, 25-5037] (Graver, Harry) [Entered: 05/05/2025 01:51 PM]

May 5, 2025

May 5, 2025

FORM 72 submitted by arguing attorney, Harry Graver, on behalf of Appellants Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought in 25-5055, 25-5037 (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [25-5055, 25-5037] (Graver, Harry) [Entered: 05/05/2025 01:57 PM]

May 5, 2025

May 5, 2025

1208740093

ORAL ARGUMENT HELD before Judges Katsas, Walker and Pan. [25-5037, 25-5055] [Entered: 05/16/2025 01:05 PM]

May 16, 2025

May 16, 2025

1208742314

LETTER [2117321] pursuant to FRAP 28j advising of additional authorities filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought [Service Date: 05/23/2025 ] [25-5055] (Myron, Laura) [Entered: 05/23/2025 08:16 PM]

May 23, 2025

May 23, 2025

1208742336

RESPONSE [2117328] to letter Rule 28j authorities [2117321-2], letter [2117321-3] filed by Cathy A. Harris in 25-5055 [Service Date: 05/25/2025 by CM/ECF NDA] Length Certification: 388 Words. [25-5055, 25-5037] (Katyal, Neal) [Entered: 05/25/2025 11:21 AM]

May 25, 2025

May 25, 2025

RECAP

TRANSCRIPT 2118434 of oral argument (For Internal Use Only: Transcript is only available to court staff). [25-5037, 25-5055] [Entered: 06/02/2025 09:55 AM]

June 2, 2025

June 2, 2025

1208745236

NOTICE [2118890] to withdraw attorney Joshua M. Salzman filed by Scott Bessent, Sergio Gor, Henry Kerner, Trent Morse, Donald J. Trump and Russell T. Vought in 25-5055, 25-5037 (Service Date: 06/03/2025 by CM/ECF NDA) Length Certification: 49 words. [25-5055, 25-5037]--[Edited 06/05/2025 by LMF] (Salzman, Joshua) [Entered: 06/03/2025 05:11 PM]

June 3, 2025

June 3, 2025

RECAP
1208766491

NOTICE [2130191] to withdraw attorney Ezra Louvis who represented Cathy A. Harris in 25-5055 filed by Cathy A. Harris [Service Date: 08/14/2025 ] [25-5055] (Katyal, Neal) [Entered: 08/14/2025 04:43 PM]

Aug. 14, 2025

Aug. 14, 2025

RECAP
1208777130

LETTER [2135697] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in the case before it: A petition for writ of certiorari before judgment was filed and placed on the docket on 09/17/2025 as No. 25-312. [25-5055, 25-5037]

Sept. 17, 2025

Sept. 17, 2025

RECAP
1208778898

LETTER [2136723] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in case No. 25-312: The petition for writ of certiorari before judgment was denied on 09/22/2025. [25-5055, 25-5037]

Sept. 22, 2025

Sept. 22, 2025

RECAP
1208778517

LETTER [2136516] pursuant to FRAP 28j advising of additional authorities filed by Cathy A. Harris [Service Date: 09/23/2025 ] [25-5055] (Katyal, Neal)

Sept. 23, 2025

Sept. 23, 2025

RECAP

Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 11, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A confirmed member of the Merit Systems Protections Board.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President (Washington D.C.), Federal

Department of Treasury (Washington D.C.), Federal

Merit Systems Protection Board (Washington D.C.), Federal

Office of Management and Budget (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Appointments Clause

Separation of Powers

Other Dockets:

District of District of Columbia 1:25-cv-00412

U.S. Court of Appeals for the District of Columbia Circuit 25-05037

U.S. Court of Appeals for the District of Columbia Circuit 25-05055

Supreme Court of the United States 24-A-00966

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Position Restored

Preliminary relief granted

Issues

General/Misc.:

Staff (number, training, qualifications, wages)

Presidential/Gubernatorial Authority:

Civil Service