Richard Cornelius Jackson v. DHS — 7th Cir. (Sep 18, 2026)
The Seventh Circuit hears Richard Cornelius Jackson versus the Department of Homeland Security. Jackson brought two whistleblower-retaliation appeals to the Merit Systems Protection Board. One concerned a five-day suspension; the other concerned a 2023 performance appraisal he called punitively low. After an administrative judge issued initial decisions, Jackson sought review in the Seventh Circuit. The present fight centers on whether Homeland Security proved by clear and convincing evidence that it would have given him the same rating without retaliation, and whether he exhausted two additional claims. The panel also raises an unbriefed threshold question: whether the judge's decision could become a final Board decision while the Board lacked a quorum.
Richard Cornelius Jackson v. DHS (No. 25-3057) — U.S. Court of Appeals for the Seventh Circuit, argued September 18, 2026.
- 0:00Introduction
- 1:28Anthony Hernandez — Jackson
- 1:48Carr factors
- 10:56An Hoang — Homeland Security