United States Postal Service v. Gregory — Thomas, J., concurring

Summary

Justice Thomas concurs in vacating the Federal Circuit's judgment and remanding, but would reach the adequacy of the Board's framework for considering prior discipline subject to pending grievance proceedings. He reasons that the framework provides adequate procedural safeguards, does not conflict with the statutory preponderance-of-the-evidence requirement, and does not require the Board to await resolution of collective-bargaining grievances. Justice Ginsburg, concurring in the judgment, would remand while declining to rely on the adequacy of that framework and emphasizing the Board's authority to reopen its decision.