MSPB Quorum Restored after Confirmation of James Woodruff
The Merit Systems Protection Board (MSPB) now has a quorum, with the Senate confirming James Woodruff as a second member of the MSPB.That means the board can resume hearing appeals once the government shutdown is over.
Woodruff was confirmed as part of a batch confirmation of approximately 100 presidential nominees in a 51-47 party line vote in the Senate.
Woodruff previously served as a deputy staff judge advocate in the U.S. Air Force Reserve and as an attorney-advisor with the U.S. Department of Veterans Affairs (VA). He said in his confirmation hearing that he has argued cases before the MSPB before.
Woodruff joins fellow Republican Henry Kerner on the MSPB. With Woodruff joining Kerner, the board now has two members, meaning it has a quorum. Kerner had been the only board member since President Trump fired former MSPB chair Cathy Harris and the term of Democratic MSPB board member Raymond Limon expired. Former chair Harris sued over the termination, but the Supreme Court blocked her reinstatement in April.
With Kerner and Woodruff, the board can again decide appeals of rulings by the MSPB’s hearing officers. If they agree, their decision stands. If not, a case would be held pending a third member.
Backlog Worries
The MSPB went six months without a quorum this time, which is actually less than prior instances.
For example, the board had either one or no members through the entirety of the first Trump Administration and through more than a year of the Biden Administration. That caused a backlog of about 3,800 cases, which MSPB erased. However, given the absence of a quorum and a rise in appeals due to layoffs, probationary firings, and other workforce issues, the backlog was started to build again.
The board told Congress it had received 11,166 appeals as of late May which is twice the typical workload in an entire fiscal year.
Democrats Introduce Legislation
Meanwhile, Congressional Democrats in both Houses introduced the Fair Access to Swift and Timely Justice Act (S. 2977).
It would grant the private right of action to federal employees if MSPB does not act on an appeal after 120 days.
“Our measure helps federal employees who have been illegally fired by the Trump administration get the justice they deserve,” said the bill’s Senate sponsor, Senator Richard Blumenthal (D-CT).
