Megan Jackler, Brandon Jaroch v. Department of Justice, Director of the Office of Personnel Management

United States Court of Appeals
for the Federal Circuit
______________________
MEGAN JACKLER, BRANDON JAROCH,
Petitioners
v.
DEPARTMENT OF JUSTICE, DIRECTOR OF THE
OFFICE OF PERSONNEL MANAGEMENT,
Respondents
______________________
2026-1575
______________________
Petition for review of the Merit Systems Protection
Board in Nos. CF-0752-26-0069-I-1, DA-0752-25-0328-I-1,
DA-0752-25-0330-I-1.
______________________
ON PETITION FOR HEARING EN BANC
______________________
N ATHANIEL AVI G IDEON Z ELINSKY , Washington Litiga-
tion Group, Washington, DC, filed a petition for hearing en
banc for petitioners. Also represented by ROSA BAUM ,
MARY L YLE D OHRMANN, SYDNEY F OSTER, J AMES P EARCE ;
ROBERT P ETER ERBE , Law Office of Robert P. Erbe, PLLC,
Tucson, AZ.
D ANIEL J. AGUILAR, Appellate Staff, Civil Division,
United States Department of Justice, Washington, DC,
filed a response to the petition for respondents. Also rep-
resented by BRETT SHUMATE.
Case: 26-1575 Document: 109 Page: 1 Filed: 06/17/2026

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JACKLER v. DOJ 2
______________________
Before M OORE, Chief Judge, L OURIE, D YK, P ROST , REYNA,
T ARANTO, CHEN, HUGHES , STOLL , CUNNINGHAM , and
STARK, Circuit Judges.1
P ER CURIAM .
O R D E R
Megan Jackler and Brandon Jaroch (collectively, “peti-
tioners”) filed a petition for initial hearing en banc. A re-
sponse to the petition was invited by the court and filed by
the government. The court also accepted amicus briefs
filed by American Federation of Government Employees,
American Federation of State, County and Municipal Em-
ployees, International Federation of Professional and Tech-
nical Engineers, National Federation of Federal
Employees, International Association of Machinists and
Aerospace Workers, American Federation of Labor and
Congress of Industrial Organizations; Justice Connection;
Senators Chris Van Hollen, Angela Alsobrooks, Tim Kaine,
Andy Kim, Gary Peters, Mark Warner; Whistleblower Aid;
and Merit Systems Protection Board Professional Associa-
tion.
The petition and response were referred to the circuit
judges in regular active service. A poll was requested and
taken, and the court decided that the petition for review
warrants en banc consideration.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition for hearing en banc is granted.
1 Circuit Judge Newman did not participate.
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JACKLER v. DOJ 3
(2) The parties are requested to file new briefs.2
Petitioners’ en banc opening brief is due on July
14, 2026. The government’s en banc response is
due within 45 days of petitioners’ en banc open-
ing brief, and petitioners’ reply brief within
30 days of the response brief. The joint appen-
dix is due within 7 days of the reply brief. The
court requires 30 paper copies of all briefs and
appendices provided by the filer within 5 busi-
ness days from the date of electronic filing of the
document. The parties’ briefs must comply with
Fed. Cir. R. 32(b)(1). No extensions will be
granted.
(3) Any briefs of amici curiae may be filed without
consent and leave of the court.3 Any amicus
brief supporting petitioners’ position or sup-
porting neither position must be filed within
14 days after service of petitioners’ en banc
opening brief. Any amicus brief supporting the
government’s position must be filed within
14 days after service of the government’s re-
sponse brief. Amicus briefs must comply with
Fed. Cir. R. 29(b). Any motion requesting leave
to file an amicus brief that remains pending at
the time this order issues is denied as moot.
2 We appreciate that petitioners have already filed
an opening brief in this case. See ECF Nos. 64, 92. This
order, in requesting new briefing, expresses no view as to
the substantive adequacy of that brief.
3 We also appreciate that certain briefs of amici cu-
riae have already been filed in support of petitioners’ open-
ing brief. See, e.g., ECF No. 65. These briefs will not be
considered. Amici will have an opportunity to file new
briefs in accordance with the procedures set forth above.
Case: 26-1575 Document: 109 Page: 3 Filed: 06/17/2026

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JACKLER v. DOJ 4
(4) Oral argument will be held at a time and date
to be announced later.
June 17, 2026
Date
F OR THE COURT
Case: 26-1575 Document: 109 Page: 4 Filed: 06/17/2026

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