The MSPB's Authority to Adjudicate Constitutional Questions within an Administrative Proceeding
Policy Document | September 26, 2025
The Department of Justice's Office of Legal Counsel (OLC) concluded that the Merit Systems Protection Board (MSPB) was required to consider and address the administration's Article II constitutional argument that it is not bound by the Civil Service Reform Act's statutory scheme for adjudicating adverse actions and can fire covered employees without cause.