Full Breakdown
Former Pardon Attorney Sues Over “Article II” Dismissal and MSPB Delays
9/4/2026, 2:47:22 PM
Oyer’s Lawsuit and the Core Dispute
Former U.S. Pardon Attorney Liz Oyer filed a lawsuit in the U.S. District Court for Washington, D.C., alleging that her March 2025 termination by the Justice Department violated her First- and Fifth-Amendment rights and the 1978 Civil Service Reform Act. Oyer contends the firing was an “Article II” removal—executive-branch authority to dismiss inferior officers at will—yet the Justice Department did not follow its own removal procedures, which require the Attorney General’s signature.
Legal Framework and MSPB Proceedings
Under the Civil Service Reform Act, most federal employees must first seek review by the Merit Systems Protection Board (MSPB) before pursuing judicial review. Oyer appealed her termination to the MSPB shortly after being dismissed. On June 2, 2026, the MSPB administrative judge dismissed her appeal “without prejudice,” mandating a minimum six-month waiting period before she may refile. The lawsuit describes the MSPB as a “dead end,” noting that more than 16 months have passed without substantive review.
DOJ’s Removal Policy and Alleged Non-Compliance
The Justice Department’s internal policy states that only the Attorney General may exercise the President’s Article II removal authority. Oyer’s suit argues that the removal order was signed solely by Deputy Attorney General Todd Blanche, contrary to that policy. The complaint asserts that the department therefore failed to adhere to its own procedural rules for Article II dismissals.
Parallel Litigation and Upcoming Proceedings
A separate challenge to the Justice Department’s Article II practices, Jackler v. MSPB, is scheduled for oral arguments before the full U.S. Court of Appeals for the Federal Circuit in December. Both cases could shape how Article II removals are handled when they intersect with civil-service protections.
Outlook
If the district court grants Oyer’s request to bypass further MSPB review, the case could proceed to a federal circuit court, potentially setting precedent on the balance between executive removal authority and statutory employee protections. The outcome may also influence how the Justice Department structures future Article II dismissals.
