05/29/2026
5.29.3 The 9-0 ruling in Margolin v. NAIJ is being reported as a clean loss for federal workers. It isn't. The Court reversed on a narrow procedural ground — party presentation — and refused to decide whether the MSPB still provides a real forum when it's been stripped of a quorum. That question wasn't killed. It was sent back to the Fourth Circuit, which has the power to order briefing and decide it properly. The MSPB-first rule held for now; the deeper fight is alive. With Trump v. Slaughter pending this term, the stakes are about to get concrete. Know your forum. Know your clock.