A federal judge has ruled that the Trump administration unlawfully removed Merit Systems Protection Board (MSPB) Chair Cathy Harris, reinstating her to her position in a decision that underscores the agency’s statutory independence.
U.S. District Judge Rudolph Contreras held that Harris’ dismissal violated statutory provisions designed to protect the MSPB’s autonomy. The ruling found that the president cannot remove board members at will, as federal law specifies that removal must be for inefficiency, neglect of duty, or malfeasance.
Harris, who was removed from her position in February via email, challenged her termination, arguing it was politically motivated. A temporary restraining order initially kept her in her role while the legal battle played out.
The new preliminary injunction prevents her removal indefinitely unless overturned by a higher court.
Contreras cited a 1935 U.S. Supreme Court precedent, explaining that Congress established the MSPB to operate free from political interference. He ruled that allowing the president to dismiss board members without cause would contradict the agency’s intended function.
“As the Court explained above, the Board’s duties — which primarily include adjudication of employment claims — do not represent ‘substantial’ executive power and instead take on a quasi-judicial role,” Contreras wrote in his decision. He further noted that the board’s independence “would evaporate if the president could terminate its members without cause, even if a court could later order them reinstated.”
Government attorneys argued that the president’s authority extends to the removal of officials like Harris and Office of Special Counsel head Hampton Dellinger.
However, Harris’ attorney, Nathaniel Zelinsky, countered that such removals would undermine the independence of agencies established to function outside political influence.
“If that were true, judicial review would be over,” Zelinsky stated in court.
Contreras ultimately rejected claims that the court lacked authority to intervene, reaffirming the judiciary’s role in reviewing and restraining unlawful executive actions.
His ruling ensures that Harris retains her position unless further legal developments dictate otherwise.
