Trump’s Removal of Merit Systems Protection Board Chair Faces Legal Challenge
Introduction
A federal judge has temporarily reinstated a Democrat who served as the chair of the U.S. Merit Systems Protection Board (MSPB) after President Donald Trump fired her. The case highlights the legal challenges to Trump’s authority to remove members of independent boards.
Background
The MSPB hears appeals from federal government employees who have been fired or disciplined. Its members are appointed to serve fixed terms and can only be removed for "inefficiency, neglect of duty, or malfeasance in office." Cathy Harris, a Democrat, was appointed to the MSPB in 2022 and served as its chair until Trump took office in January 2023.
Trump’s Removal of Harris
On January 20, 2023, President Trump fired Harris from her position as chair of the MSPB. He replaced her with Henry Kerner, a Republican. This action left the MSPB with a 1-1 split, as the term of the remaining Democrat, Raymond Limon, was set to expire on March 1.
Lawsuit and Temporary Injunction
Harris filed a lawsuit alleging that her firing was unlawful. U.S. District Judge Rudolph Contreras in Washington, D.C., issued a temporary restraining order preventing the Trump administration from removing Harris from her position while her lawsuit is being considered.
Judge’s Ruling
In a 21-page ruling, Judge Contreras stated that Trump’s attempt to fire Harris likely violated the federal law creating the MSPB. He noted that members of the board can only be removed for specific reasons, which were not cited in Harris’s case. Contreras also emphasized the public interest in having governmental agencies comply with the federal laws that govern them.
White House and Justice Department Response
The White House and the Department of Justice did not immediately respond to requests for comment. However, the Justice Department has argued in Harris’s lawsuit and other similar cases that the Constitution grants the president broad powers to remove any official responsible for enforcing federal laws.
Attorney’s Commentary
Michael Kator, a lawyer for Harris, commented that the judge’s order was "an extraordinarily important first step" in a series of legal battles that will likely culminate in the Supreme Court.
Implications for Other Independent Boards
Harris’s removal and the legal challenge against it are part of a pattern of Trump firing presidentially-appointed officials from several independent agencies. These actions have raised concerns about the scope of the president’s powers and the independence of these agencies.
Pending Hearing and Supreme Court Case
Judge Contreras has scheduled a hearing for March 3 to determine whether to continue allowing Harris to remain on the MSPB while her lawsuit is pending. The Trump administration has also asked the U.S. Supreme Court to intervene in its bid to fire the head of the Office of Special Counsel, which enforces laws protecting government whistleblowers. The Supreme Court has yet to rule on the matter.
Conclusion
The reinstatement of Cathy Harris as chair of the MSPB is a temporary victory for those who believe that the president’s authority to remove independent agency members is limited. However, the legal battles over these firings are likely to continue, and the ultimate outcome will have implications for the balance of power between the president and independent agencies.
