A judge on Tuesday restored Cathy Harris to her job as chairwoman of the federal Merit Systems Protection Board, ruling that President Trump’s attempt to fire her was illegal.
Judge Rudolph Contreras said Ms. Harris was in the middle of her term and under the law she can be fired only for good reasons, adding that since Mr. Trump gave no such reason, the ouster can’t stand.
“Cathy A. Harris shall continue to serve as a member of the Merit Systems Protection Board until her term expires pursuant to 5 U.S.C. § 1202, unless she is earlier removed for inefficiency, neglect of duty, or malfeasance in office under that statute,” the judge ordered.
The MSPB hands down rules on federal personnel matters and is considering cases involving other Trump firings. Ms. Harris’ membership could impede the president’s plans.
Trump’s lawyers argued the president needs unfettered powers to put his people in key positions and that blocking that power undermines his ability to run his administration.
But Judge Contreras said a 90-year-old Supreme Court precedent has established that “independent agencies” are different, with their leaders often insulated from the usual politics of regular executive branch offices.
Mr. Trump’s effort to cull the federal workforce of high-profile leaders and rank-and-file workers has hit a number of snags.
In addition to Ms. Harris’ case, another judge blocked Mr. Trump’s attempt to fire special counsel Hampton Dellinger, who works with the MSPB to defend federal employees against adverse personnel moves.
Yet another federal judge ruled that the Office of Personnel Management’s order to agencies to cut loose probationary employees was illegal.
One success for Mr. Trump has been in firing diversity, equity and inclusion employees in the CIA and the Office of the Director of National Intelligence. A judge allowed those firings to proceed.
Each case raises its own questions.
In Ms. Harris’ situation, Judge Contreras said Congress wanted the MSPB to have “a degree of independence from the president.”
That independence fails when board members can be replaced at the president’s will.
“The president thus lacks the power to remove Harris from office at will,” the judge wrote. “Because the president did not indicate that he sought to remove Harris for inefficiency, neglect of duty, or malfeasance in office, his attempt to terminate her was unlawful and exceeded the scope of his authority.”
