WASHINGTON — A federal judge ruled on Tuesday that former President Donald Trump lacked the authority to dismiss a board member tasked with safeguarding federal employees from political retaliation or whistleblowing repercussions. Cathy Harris, appointed by President Joe Biden to the Merit Systems Protection Board, contested her termination after the White House informed her of the decision last month.
U.S. District Judge Rudolph Contreras concluded that Trump did not have the freedom to remove Harris “at will,” as her termination wasn’t justified by any claims of “inefficiency, neglect of duty, or malfeasance in office.” The judge explained that Harris’s independence was threatened by the termination attempt, and any future attempts would similarly challenge her autonomy as a board member.
Contreras, appointed by President Barack Obama and serving on the court since 2012, had initially issued a temporary restraining order on February 18, permitting Harris to remain in her role until a final decision was made. Following a hearing, the judge solidified this order with a permanent injunction.
In a related case, another judge in Washington determined that Trump unlawfully attempted to dismiss the head of a federal oversight agency. U.S. District Judge Amy Berman Jackson ruled in favor of Hampton Dellinger, leader of the Office of Special Counsel, in a case anticipated to reach the U.S. Supreme Court.
Harris, who began chairing the board in March last year, was set to serve until March 2028, but was informed of her departure on February 12. Another board member, Raymond Limon, retired shortly thereafter. Harris’ legal team emphasized that Congress allows the board’s dismissal only under specific conditions such as inefficiency or misconduct, yet none were mentioned in her termination notice.
“This case doesn’t involve unresolved constitutional questions that lack Supreme Court direction,” Harris’ legal representatives stated in court documents. Government lawyers, however, argued that the court lacked jurisdiction to reinstate Harris or prevent Trump from appointing a new member.
“The American people chose President Trump to lead the executive branch,” they noted. “His decision to replace Harris aligns with the interests of the American populace, and this democratic process deserves respect.”
The Merit Systems Protection Board hears roughly 5,000 appeals annually, and Trump’s executive orders on federal personnel have recently increased the volume of new cases, according to Harris’ attorneys.
“The board’s neutrality and public perception thereof are more vital than ever,” they noted. “The civil servants, courts, and the public must trust in the board’s unbiased fulfillment of its duties.”
Board members are presidential nominees confirmed by the Senate, serving for seven years. No more than two members can belong to the same political party.
