Richard Hornsby v. FHFA — D.C. Cir. (Sep 22, 2026)
The D.C. Circuit hears Richard Hornsby's challenge to his firing from the Federal Housing Finance Agency. Hornsby was its chief operating officer. After accusations that he had threatened an agency official, he faced criminal charges and was acquitted. The agency then fired him, citing management misconduct, including intimidation of staff attorneys and pressure on a subordinate to seek him a better performance rating. Hornsby says the dismissal was retaliation for participating in employment-discrimination proceedings. An administrative judge overturned the firing but rejected retaliation. The agency appealed to the Merit Systems Protection Board, which restored the firing. Hornsby did not challenge the retaliation ruling before the full Board. A federal district judge later ruled that he had abandoned that claim and upheld the firing and denial of interim relief. This appeal asks whether he may still pursue retaliation in court, whether the firing should stand, and whether he should receive interim relief for the time the agency's administrative appeal was pending. Richard Swick will argue for Hornsby, seeking to reverse those rulings.
Richard Hornsby v. FHFA (No. 25-5351) — U.S. Court of Appeals for the D.C. Circuit, argued September 22, 2026.
- 0:00Introduction
- 35:25Advocate — Brian Levy
- 54:46Cat's-paw theory