A federal judge’s order to reinstate a fired Merit Systems Protection Board member sets the stage for a potential Supreme Court battle over agency independence.
At a Glance
- Judge Rudolph Contreras ordered temporary reinstatement of Biden appointee to MSPB
- Cathy Harris was terminated by Trump via email on February 10, 2025
- Decision based on 1935 precedent supporting independent boards
- Case expected to proceed to DC Circuit and potentially Supreme Court
- Similar cases challenging limits of agency independence emerging
Judge Orders Reinstatement of Biden Appointee
In a move that could reshape the landscape of independent federal agencies, Judge Rudolph Contreras, an Obama appointee, has ordered the temporary reinstatement of a Biden appointee to the Merit Systems Protection Board (MSPB). This decision comes after President Trump fired Cathy Harris, who was appointed by Biden to a seven-year term, via email on February 10, 2025.
The MSPB, an independent agency responsible for resolving employment disputes involving civil service employees, now finds itself at the center of a legal battle that may ultimately reach the Supreme Court. Judge Contreras’s ruling highlights the ongoing debate about the governance and oversight of independent federal agencies.
Judge Contreras based his decision on the 1935 precedent set in Humphrey’s Executor v. United States, which supports the existence of independent boards and commissions. This ruling underscores the delicate balance between presidential authority and the independence of certain federal agencies.
“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,” Judge Rudolph Contreras said.
“Harris has thus carried her burden to establish that a temporary restraining order is warranted here.”
The judge’s statement indicates a favorable outlook for Harris’s case, citing risks of irreparable harm without court action and public interest in maintaining the injunction. This decision could have far-reaching consequences for the structure and operation of independent agencies across the federal government.
Trump’s Termination and Its Aftermath
The controversy began when President Trump abruptly terminated Harris’s position on the MSPB. The termination email, stark in its brevity, stated:
“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.”
The decision raised significant questions (among angry Democrats) about the limits of presidential power over independent agencies. MSPB judges can typically only be dismissed for inefficiency, neglect of duty, or malfeasance in office, making Trump’s move particularly contentious.
The Harris case is not isolated. A similar case involving Special Counsel Hampton Dellinger, who was also fired by Trump, is currently before the Supreme Court. Additionally, the terminations of 17 Inspectors General and a member of the National Labor Relations Board may lead to further legal challenges to the limits of Humphrey’s Executor.
Will Democrats succeed in their efforts to derail this administration, just like they did the last?
