State of Minnesota, Department of Jobs and Training v. Merit Systems Protection Board

ROSS, Senior Circuit Judge.

The Merit Systems Protection Board (the Board) appeals from the district court’s determination that the Board abused its discretion by ordering the removal of Thomas J. Kehoe, upon finding that Kehoe willfully violated the Hatch Political Activities Act (Hatch Act), 5 U.S.C. §§ 1501-1508, by running for partisan political office while a state employee in a federally funded program. While agreeing with the Board that Kehoe’s political campaign violated the Hatch Act, the district court ruled that such violation was not willful and therefore not justification for his…