Re-decided holding: The Fourth Circuit did not violate Article III's case-or-controversy requirement; its remand for factfinding was a permissible exercise of its appellate jurisdiction, and the CSRA's exclusivity is not a jurisdictional bar based on text or original meaning.

1) The question is whether the Civil Service Reform Act bars an Article III district court from hearing a First and Fifth Amendment challenge by federal immigration judges to a speech-restriction policy. 2) Article III, Section 2 extends the judicial power to all Cases, in Law and Equity, arising under the Constitution. The First and Fifth Amendments create individual rights against the federal government. The Tenth Amendment reserves to the States or the people powers not delegated to the United States. 3) At ratification, federal courts had jurisdiction over constitutional claims unless Congress explicitly and unequivocally stripped it. The Framers understood the writ of habeas corpus and the right to sue as fundamental checks on executive power. The First Amendment flatly says Congress shall make no law abridging the freedom of speech. No statute can repeal a constitutional right by implication. 4) The holding: The district court had jurisdiction. The Civil Service Reform Act, however comprehensive, does not and cannot impliedly deprive an Article III court of jurisdiction over a First Amendment claim. The Fourth Circuit correctly recognized that if the MSPB is nonfunctional (as alleged), the channeling scheme fails, and the district court must hear the claim under the Constitution's own force. The party-presentation principle is a prudential rule, not a constitutional command; a court may raise structural constitutional concerns sua sponte. 5) Downstream: The CSRA ceases to be treated as a jurisdictional bar. District courts must entertain federal-employee constitutional claims when the MSPB is unavailable or when the claim falls outside the Act's coverage as a matter of constitutional right. Immigration judges retain their First and Fifth Amendment protections regardless of administrative exhaustion.