Last month, my colleague JP. Diener wrote an excellent article here outlining many considerations that a litigant must review before pursuing an appeal. As he noted, an appeal does not allow a claimant to fully re-argue the case or present new evidence. It is not the proverbial second bite at the apple. Instead, it often focuses on substantive errors in making findings of fact or conclusions of law, and/or addresses procedural issues that may have come up [...]
You lost your job, and then you lost your security clearance. What next? Losing a security clearance can derail a federal career, especially if that clearance is revoked after you're no longer employed. Many previously cleared individuals assume that once you're out of a job, your right to challenge a revoked security clearance disappears. Fortunately, that's not always the case, but it does depend on several important factors. Understanding Security Clearance Revocation A security clearance [...]
On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board ("NLRB" or the "NLRB") proceedings against SpaceX and two other companies while they litigate the constitutionality of NLRB removal protections. In its holding, the court concluded that the for-cause removal protections—for NLRB Administrative Law Judges ("ALJs") and Board Members—likely violate Article II of the U.S. Constitution. Background As reported here and here, SpaceX is seeking a stay [...]