Lisa B. Williams v. U.S. Merit Systems Protection Board, and Office of Special Counsel Governor's Office for Individuals With Disabilities

OPINION

WILLIAMS, Circuit Judge:

This is an interlocutory appeal from the district court’s stay of an order of the United States Merit Systems Protection Board (MSPB), directing the termination of a state employee for violation of the Hatch Political Activity Act (Hatch Act), 5 U.S.C. §§ 1501-1508 (1988). 1 The MSPB contends that the district court should not have stayed the termination order. Because we find that, pursuant to 5 U.S.C. § 1508 (1988), a stay may be issued only when an employee is suspended from office while the proceedings on the merits are pending, we reverse and remand.

I

Lisa…