In a significant legal development, a federal judge has mandated the temporary reinstatement of a dismissed member of the Merit Systems Protection Board (MSPB), setting the stage for a potential Supreme Court showdown over the legitimacy of independent agencies.
Judge Rudolph Contreras, appointed by former President Obama, directed that President Trump reinstate Cathy Harris, a Biden appointee, to the MSPB. This independent body is responsible for resolving employment disputes involving civil service employees.
Judge Contreras stated, The Court concludes that Harris has established a strong likelihood of success on the merits, that irreparable harm is likely to occur in the absence of injunctive relief and that the public interest weighs in favor of enjoining Defendants actions. He further noted, Harris has thus carried her burden to establish that a temporary restraining order is warranted here.
As reported by RedState, the MSPB members can only be removed for specific reasons such as inefficiency, neglect of duty, or malfeasance. Harris, appointed for a seven-year term starting June 1, 2022, was abruptly dismissed on February 10, 2025, via an email from President Trumps office stating, "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. Thank you for your service."
Judge Contreras's decision leans on a contentious 1935 precedent that established the framework for independent boards and commissions, which some argue operate beyond the direct control of the President.
This precedent has been criticized for creating entities that execute executive functions without being directly accountable to the President, in whom the Constitution vests executive power. The role of the MSPB in adjudicating employment disputes remains under scrutiny, as recent legal interpretations suggest that any commission with more than an advisory role should be under presidential control.
The case is now advancing to the DC Circuit and potentially the Supreme Court. A parallel case involving Special Counsel Hampton Dellinger, who was similarly dismissed by Trump, is already before the Supreme Court. The Court is set to receive Dellinger's response to the government's objections soon.
Additionally, the firings of 17 Inspectors General, who are protected by statutory requirements for dismissal, and a member of the National Labor Relations Board, may further test the boundaries of presidential authority over independent agencies.
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