Case Explained: JOHNSON v. MSPB

Court: United States Court of Appeals for the Federal Circuit

Filed: 2026-07-06

The federal-circuit granted the Merit Systems Protection Board’s motion to remand the case to allow the agency to reconsider its previous position in light of two recent decisions, *Reese v. Department of the Navy* and *Holman v. Department of the Army*. The court exercised its discretion to remand based on the principle that such action could preserve party and judicial resources without drawing conclusions regarding the merits of the parties’ arguments. As a result, the case is returned to the Board for further consideration consistent with the motion and this order, with each side bearing its own costs.

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