Board (MSPB) has set the stage for a potential Supreme Court battle over the independence of federal agencies.
Key Takeaways
- Judge Rudolph Contreras ordered the temporary reinstatement of Cathy Harris, a Biden appointee, to the MSPB after her dismissal by President Trump.
- The case could lead to a Supreme Court review of the 1935 Humphrey’s Executor v. United States precedent, which supports independent boards and commissions.
- MSPB members can only be dismissed for specific reasons, raising questions about the legality of Harris’s termination.
- This situation highlights ongoing debates about the autonomy of federal agencies and presidential authority.
- Similar cases involving other federal appointees are also in various stages of legal proceedings.
Judge Orders Reinstatement of Biden Appointee
In a move that has caught the attention of legal experts and political observers, Federal Judge Rudolph Contreras has ordered the interim reinstatement of Cathy Harris, a Biden appointee, to the Merit Systems Protection Board (MSPB). Harris was abruptly terminated by President Trump on February 10, 2025, via email, despite being appointed to a seven-year term with the email reading, “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 MSPB, an independent agency responsible for resolving employment disputes within the civil service, has strict guidelines for the dismissal of its members. Board judges can only be removed for inefficiency, neglect of duty, or malfeasance in office, raising questions about the legality of Harris’s termination.
Legal Basis and Potential Supreme Court Involvement
Judge Contreras, an Obama appointee, based his decision on the 1935 precedent set by Humphrey’s Executor v. United States, which supports the existence of independent boards and commissions. This ruling could potentially lead to a Supreme Court case that may reexamine the limits of presidential authority over independent agencies.
Obama judge Rudolph Contreras should recuse himself from any case that has anything to do with Donald Trump or the Trump administration. There’s no way in which can be impartial.
He was the FISA Court judge who signed off on the fraudulent FISA warrant that kicked off the entire…
— Insurrection Barbie (@DefiyantlyFree) February 19, 2025
“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,” stated Contreras. “Harris has thus carried her burden to establish that a temporary restraining order is warranted here.”
The case is expected to proceed to the DC Circuit and potentially to the Supreme Court, where it could join other similar cases challenging the limits of Humphrey’s Executor. One such case involves Special Counsel Hampton Dellinger, who was also fired by Trump and whose case is currently before the Supreme Court.
Broader Implications for Federal Agencies
This situation has broader implications for the independence of federal agencies and the extent of presidential power. The outcome of this case and others like it could significantly impact how autonomous federal bodies are governed and the balance of power between the executive branch and independent agencies.
Other potential cases that may challenge the limits of Humphrey’s Executor include the firings of 17 Inspectors General and a member of the National Labor Relations Board. These cases collectively represent a growing debate over the structure and independence of federal agencies in the United States.
Sources:
Judge Orders Biden Appointee Fired by Trump Reinstated to Office
Judge stops Trump ouster of Merit Systems Protection Board chair
