A federal judge ruled Tuesday that Cathy Harris, a Biden appointee to the Merit Systems Protection Board (MSPB), must be reinstated after her abrupt firing by President Donald Trump. The decision intensifies the legal fight over the limits of executive power when it comes to independent federal agencies.
Harris, who was appointed to the MSPB in 2022, was removed from her position on February 10 via a one-sentence email from the White House. Federal law states that members of the board can only be dismissed for inefficiency, neglect of duty, or malfeasance.
These FEDERAL JUDGES were NOT on the ballot!
Something must be done, the Executive Branch is being attacked.
Judge reinstates Merit Systems Protection Board chairwoman fired by Trump https://t.co/i4IhCV04Jz— LexPoetRomantic (@PoetLex5298) February 19, 2025
U.S. District Judge Rudolph Contreras ruled in favor of Harris, ordering her reinstatement and barring the government from filling her position with another appointee. Contreras wrote that Harris had a “strong likelihood of success” in proving that her firing was unlawful.
Federal judge reinstates employee appeals board member fired by Trump https://t.co/YX8hwf0aZc as usual theHill is FAKE NEWS! You forget to mention the Supreme Court ruled in Sean Spicer v Biden … that a President can remove anyone for any reason within the Executive Branch
— hiya there (@ucanbetuesday2) February 19, 2025
Harris’ attorney, Linda Correia, argued that her client was suffering lasting harm by being kept out of her position. She stated in court that Harris’ removal deprived her of the ability to exercise her legal duties and responsibilities.
The Justice Department defended Trump’s action, arguing that independent agencies should not be shielded from presidential control. Government attorney Madeline McMahon told the court that limiting the president’s ability to fire board members would have broad consequences for executive authority.
JUST IN: Obama Judge Reinstates Biden-Appointed Chairwoman of Merit Systems Protection Board, Says Trump Doesn’t Have Authority to Fire Her
Judges are running the executive branch?🤣
Then President Trump SHOULD ELIMINATE that board since it is under the Executive Branch. That…
— Forever Trumper (@FanaTeresafana) February 19, 2025
The case is expected to be appealed, with legal experts predicting it could reach the Supreme Court. A separate case involving Special Counsel Hampton Dellinger, who was also dismissed by Trump, is already before the justices. The ruling in these cases could determine whether longstanding legal protections for officials at independent agencies remain in place.
