Federal Judge Reinstates Board Member, Deals Blow to Trump’s Removal Power
A significant legal victory has been secured against former President Donald Trump’s asserted authority to unilaterally dismiss officials from independent federal agencies. A federal judge has ruled in favor of Cathy Harris, a member of the Merit Systems Protection Board (MSPB), reinstating her to her position after Trump abruptly terminated her employment without providing a valid justification.
This decision marks a crucial moment in the ongoing debate surrounding the separation of powers between the executive and legislative branches of the U.S. government. Trump had argued that his position as president grants him the authority to hire and fire anyone within the executive branch, irrespective of statutory limitations imposed by Congress on the removal of leaders of independent agencies.
The MSPB, designed to safeguard federal civil service workers from being unfairly terminated for reasons unrelated to their job performance, is comprised of members who serve seven-year terms. According to a 1978 statute, these members can only be removed from their positions for specific causes, namely "inefficiency, neglect of duty, or malfeasance in office."
However, on February 10, Trump informed Harris, whose term was slated to continue until March 2028, that she was "terminated, effective immediately," without offering any explanation for his decision. Harris promptly filed a lawsuit the following day, seeking to retain her position and challenge the president’s actions.
U.S. District Judge Rudolph Contreras, presiding over the case in Washington, D.C., ruled decisively in favor of Harris. The judge stated that the government had not argued that Harris was inefficient, especially given the board’s success in clearing nearly 99% of its backlog of approximately 3,800 cases by January 2025.
Citing established Supreme Court precedent, Judge Contreras emphasized that Trump could not remove Harris without demonstrating sufficient cause as defined by the statute. The judge underscored that the law does not grant the executive branch discretionary power to remove MSPB members without a valid reason.
"In other words, the statute does not provide room for executive discretion – the President has no menu of options to pick from – and he categorically may not remove Harris without cause," Contreras wrote in his summary judgment, thereby dispensing with the need for a full trial.
"Because the President did not indicate that he sought to remove Harris for inefficiency, neglect of duty, or malfeasance in office, his attempt to terminate her was unlawful and exceeded the scope of his authority," the judge concluded.
Harris, who joined the three-member board in June 2022, was scheduled to serve until March 2028. Her termination came in the form of a concise email from Trent Morse, deputy assistant to the president, stating that "On behalf of President Donald J. Trump, I am writing to inform you that your position on the Merit Systems Protection Board is terminated, effective immediately."
Expressing her commitment to defending the integrity of federal agencies, Harris issued a statement regarding her lawsuit, asserting, "I am fighting this to protect against the dismantling of the federal agencies who ward against corruption, grift, and political interference with the civil service."
Government lawyers had contended that the president holds the power to remove any employee in the executive branch, and that the American public is entitled to have an MSPB with members whom the president trusts. "That executive power encompasses the authority to remove those who aid the President in carrying out his duties," government lawyers stated in a legal filing.
Prior to the judge’s ruling, White House press secretary Karoline Leavitt argued that Trump "has every right to exercise his executive authority on behalf of the American people."
The lawsuit filed by Harris is one of several legal challenges to Trump’s actions aimed at reducing the federal workforce and removing specific officials, including board members responsible for adjudicating workforce disputes.
On February 25, the MSPB temporarily halted the terminations of six employees across six agencies who had filed lawsuits, claiming that their dismissals were unlawful. This pause is set to last for 45 days while Hampton Dellinger, the recently reinstated head of the Office of Special Counsel, conducts an investigation.
With Harris now reinstated, the MSPB has one Democrat and one Republican member in place. Both members will need to be present to establish a quorum, as the term of the third member, Democrat Ray Limon, recently expired. The board previously experienced a lack of quorum for several years during Trump’s first term, leading to a significant backlog of unresolved cases.
In addition to the legal challenges surrounding individual dismissals, unions are also contesting Trump’s buyout offer, which has been accepted by approximately 75,000 federal workers. Furthermore, workers are actively resisting the dismantling of specific agencies, such as the U.S. Agency for International Development and the Consumer Finance Protection Bureau. Several individuals, including Gwynne Wilcox, who was terminated from the National Labor Relations Board, are also contesting their dismissals.
The reinstatement of Cathy Harris to the Merit Systems Protection Board represents a notable setback for President Trump’s efforts to exert greater control over the federal workforce. The ruling reaffirms the importance of statutory protections for civil servants and underscores the limits on executive authority in the removal of officials from independent agencies. The case highlights the ongoing tension between the executive and legislative branches and serves as a reminder of the vital role played by the judiciary in safeguarding the principles of separation of powers and the rule of law.
