Sharon M. Helman, the former Director of the Phoe- nix Veterans Affairs Health Care System, appeals a decision of the Merit Systems Protection Board ("MSPB" or "Board"). The Deputy Secretary of the Department of Veterans Affairs ("DVA") removed Ms. Helman from her position under 38 U.S.C. 713, and a MSPB administra- tive judge subsequently affirmed her removal. Ms. Hel- man sought review from the full Board. Citing 713(e)(2), the Board refused to take any further action on Ms. Helman's appeal. Ms. Helman timely petitioned for our review of the constitutionality of the statute governing her removal and the process afforded to her under that statute.We conclude that by prohibiting Board review under 713(e)(2), Congress vests significant authority in an administrative judge in violation of the Appointments Clause. We also conclude that 713(e)(2) and two related portions of 713(e) are severable and, thus, the proper remedy for the constitutional flaw in 713 is to sever those portions of the statute and leave the remainder of the statute intact. We remand for the MSPB to take appropriate action on Ms. Helman's petition for review of the administrative judge's initial decision.
The good part of the ruling:
“parties will bear their own costs”
I can see the Appropriations Clause argument, but don’t think personnel actions rise to that level.
Right now there’s only one member on the 3 man Merit Systems Protection Board (no quorum). Dems will make Trump wait months to appoint anyone.