A row of unions and six senators just lined up behind two government workers
The full Federal Circuit will hear two federal workers' appeals from the start, with unions and six senators lined up behind them.
The US Court of Appeals for the Federal Circuit said on June 17, 2026, that it will hear the case of two federal employees, Megan Jackler and Brandon Jaroch, before its full bench. The two are challenging Merit Systems Protection Board decisions across three cases. The board hears federal workers' appeals of workplace actions. The Department of Justice and the Director of the Office of Personnel Management are named as respondents.
The way the court took the case stands out. Appeals normally start with a three-judge panel. This one does not. The court granted what it called an "initial hearing en banc," so the full bench will hear the case from the outset rather than a panel first. After polling its judges, the court found the petition "warrants en banc consideration."
Outside groups have lined up. The court accepted friend-of-the-court briefs from a range of labor organizations, including the American Federation of Government Employees, the American Federation of State, County and Municipal Employees, the National Federation of Federal Employees, and the AFL-CIO. Six senators - Chris Van Hollen, Angela Alsobrooks, Tim Kaine, Andy Kim, Gary Peters and Mark Warner - filed as well, joined by Whistleblower Aid, Justice Connection and the Merit Systems Protection Board Professional Association. The briefs filed so far back the petitioners.
It helps to say what the order is not. It is not a ruling on the merits. It does not decide who is right, and it does not lay out the facts behind the two employees' disputes. It resets the case for a full hearing. The court asked the parties to file new briefs, and said the amicus briefs already submitted will not be considered.
The schedule is firm. The petitioners' opening brief is due July 14, 2026. The government has 45 days to answer, and the petitioners get 30 days to reply after that. On timing, the court left no room: "No extensions will be granted." A date for oral argument will come later.
For HR leaders and employment lawyers, the natural audience sits in the public sector and the firms that advise it. An en banc ruling will be authoritative within the circuit, so practitioners who work with the federal sector will want to follow the briefing in the coming months and the argument that follows.
The court issued the order per curiam, meaning as one court with no named author. Circuit Judge Newman did not participate.
