⚖ Oral Arguments, with Context

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Richard Hornsby v. FHFA — D.C. Cir. (Sep 22, 2026)

No. 25-5351 Argued September 22, 2026 Published October 2, 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.

Sources
Argument audio — D.C. Circuit official court recording:https://media.cadc.uscourts.gov/recordings/docs/2026/09/25-5351.mp3
Argument date and counsel — D.C. Circuit official September 2026 listing:https://media.cadc.uscourts.gov/recordings/bydate/2026/9
Employment, acquittal and administrative review — MSPB Final Order, April 28, 2022:https://www.mspb.gov/decisions/nonprecedential/HORNSBY_RICHARD_DC_0752_15_0576_I_2_FINAL_ORDER_1920360.pdf
Removal and interim-relief ruling — D.D.C., September 17, 2025, Document 53:https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_23-cv-03204/pdf/USCOURTS-dcd-1_23-cv-03204-1.pdf
Retaliation and reconsideration ruling — D.D.C., July 10, 2024, Document 34:https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_23-cv-03204/pdf/USCOURTS-dcd-1_23-cv-03204-0.pdf
Earlier transfer between courts — Federal Circuit, October 26, 2023:https://www.cafc.uscourts.gov/opinions-orders/23-1518.ORDER.10-26-2023_2212163.pdf
Cat's-paw theory — Staub v. Proctor Hospital, 562 U.S. 411 (2011):https://www.govinfo.gov/content/pkg/USREPORTS-562/pdf/USREPORTS-562-411.pdf
D.C. Circuit application of cat's-paw theory — Morris v. McCarthy, 2016:https://media.cadc.uscourts.gov/opinions/docs/2016/06/14-5074-1619192.pdf
Retaliatory influence on another decisionmaker — EEOC retaliation guidance, footnotes 145 and 172:https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues

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