July 6, 2026·25-1620·Panel Decision·Cunningham·By Aisha Johnson
The United States Court of Appeals for the Federal Circuit granted a motion to remand the case to the Merit Systems Protection Board. The court ordered the Board to reconsider its holding in light of two recent decisions without addressing the merits of the parties' arguments.
The petitioner, Denise Johnson, sought review of a Merit Systems Protection Board decision. The Board moved with consent to waive certain procedural requirements and requested a remand to reconsider its prior holding.
The court’s reasoning
The court noted that it is within its discretion to remand to allow an agency to reconsider its previous position. Citing SKF USA Inc. v. United States, the court agreed that remand here could preserve party and judicial resources.
What it means going forward
The case is sent back to the Merit Systems Protection Board for further consideration consistent with the court’s order and the motion.
