Fourth Circuit Denies Trump’s Appeal in MSPB Jurisdiction Case

A divided federal appeals court rejected the Trump administration’s request to rehear a case that potentially carries broad implications for federal civil service boards.

The US Court of Appeals for the Fourth Circuit denied the government’s request for an en bancrehearing, declining to revisit a procedural order. A three-judge Fourth Circuit panel in June instructed a lower court to reevaluate whether it has jurisdiction over administrative claims brought by the National Association of Immigration Judges.

The union challenged a policy that prevented immigration judges from speaking publicly without approval. A district court dismissed the case in 2023, concluding that ...