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DC Circuit vacates stay of order restoring MSPB and NLRB members

BJ Sanford BJ Sanford • April 7, 2025

The en banc DC Circuit, citing Humphrey's Executor, has vacated the panel's stay of the district court's order restoring the fired MSPB and NLRB members. Especially interesting for financial services given the panel draw in the CFPB injunction appeal -- two of four dissenting judges are on the three-member CFPB panel.

The court: "The Supreme Court has repeatedly told the courts of appeals to follow extant Supreme Court precedent unless and until that Court itself changes it or overturns it."

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