A federal judge ruled Tuesday that the Trump administration’s dismissal of a federal employee appeals board member was unlawful.
U.S. District Judge Rudolph Contreras sided with Cathy Harris, who chaired the three-person Merit Systems Protection Board (MSPB) during the Biden administration. In his ruling, Contreras indefinitely reinstated Harris to her position, stating that federal law prevents presidents from removing MSPB members without cause.
“The President’s attempt to terminate Harris was unlawful,” Contreras wrote in his 35-page decision. The ruling allows Harris to return to her post, restoring full access to her official benefits while prohibiting the Trump administration from appointing someone else to fill her position.
Harris was removed from the board through a one-sentence email from the Presidential Personnel Office last month. At the time of her dismissal, she had four years remaining in her seven-year term. Federal law states that MSPB members can only be removed for inefficiency, neglect of duty, or malfeasance in office.
Under Contreras’s ruling, Harris will continue serving her term unless removed for one of these specific reasons.
During a Monday hearing on injunctive relief, Justice Department attorney Jeremy Newman defended the Trump administration’s authority to remove Harris, arguing that the Constitution grants the president sole authority over the executive branch, including the power to fire officials. Newman contended that the president must retain the ability to remove at will principal officers who exercise executive power.
With the ruling in place, Harris will remain in her role, and the Trump administration cannot replace her unless legally justified, setting up a potential legal battle over the limits of presidential authority in personnel decisions.