Merit Systems Protection Board (MSPB)

Stories

MSPB final rule broadens agencies' power to discipline federal employees

As of October 2026: Issued final rule dropping Douglas factors; lost jurisdiction over three appeal categories

The Merit Systems Protection Board's new penalty review standard took effect October 5. Appeals filed on or after that date are judged under a case-by-case 'totality of circumstances' test, replacing the 12-point Douglas factors checklist the board used for 45 years.

Updated Oct 7

The immigration judges’ gag-rule case hits the Supreme Court—and the justices refuse to freeze it

Rule Changes

As of May 2026: Central to CSRA review; its independence and operability became a factual issue

Immigration judges say the Justice Department has effectively muzzled them: speak publicly about immigration and you need permission, and what you say can be steered into "agency talking points." The Trump administration's response has been procedural. You don't get federal court—go through the civil-service machinery first.

Updated May 15