Supreme Court of the United States · Official docket →
Cathy A. Harris v. Scott Bessent, Secretary of the Treasury, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 25-5037, 25-5055 · judgment December 5, 2025
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a petition filed soon after the judgment below.
Questions presented
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Whether Congress may provide by statute that members of the Merit Systems Protection Board—an adjudicatory body—“may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.” 5 U.S.C. § 1202(d).
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Whether, to the extent the Merit Systems Protection Board possesses some minimal non-adjudicatory powers, the appropriate remedy is to sever that authority rather than invalidate the for-cause removal provision. (i)
Counsel of record
For petitioner
Neal Kumar Katyal
Milbank LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
5 cert-stage
Proceedings
- Jun 30 2026Petition DENIED.
- Jun 29 2026DISTRIBUTED for Conference of 6/29/2026.
- May 12 2026DISTRIBUTED for Conference of 5/28/2026.
- May 05 2026Reply of petitioner Cathy Harris filed.
- Apr 22 2026Brief of respondents Bessent, Scott, et al. filed.
- Apr 22 2026Brief amici curiae of Professor Nick Bednar, et al. filed.
- Apr 22 2026Brief amici curiae of Former Board Members, et al. filed.
- Apr 22 2026Brief amici curiae of Hawaii, et al. filed.
- Apr 22 2026Brief amicus curiae of Government Accountability Project filed.
- Apr 22 2026Brief amici curiae of United States Senator Chris Van Hollen, et al. filed.
- Mar 17 2026Petition for a writ of certiorari filed. (Response due April 22, 2026)