United States Federal Circuit

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Helman v. Dep't Veterans Affairs, 2015

In a former Director of Veterans Affairs Health Care System's appeal of the MSPB decision affirming the Department of Veterans' Affairs removal from her position under 38 U.S.C. section 713, the Board's refusal to take further action on the appeal under section 713(e)(2) is remanded where: 1) by prohibiting Board review under section 713(e)(2), Congress vests significant authority in an administrative judge in violation of the Appointments Clause; and 2) section 713(e)(2) and two related portions of section 713(e) are severable and, thus, the proper remedy for the constitutional flaw in section 713 is to sever those portions of the statute and leave the remainder of the statute intact.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/09

Judges

  • PROST

Court

  • United States Federal Circuit

Counsel


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