Judge halts Trump's effort to fire Democrat from government workplace board
The case is among several by chairs or members of independent boards who have been fired by Trump that will likely test the scope of the president's powers over those agencies.
A federal judge on Tuesday ordered that a Democrat who served as the chair of a U.S. agency that hears appeals by federal government employees when they are fired or disciplined be temporarily reinstated after Republican President Donald Trump fired her.
U.S. District Judge Rudolph Contreras in Washington, D.C. issued a temporary restraining order preventing the Trump administration from removing Cathy Harris from her position on the Merit Systems Protection Board while he considers her lawsuit alleging that her termination was unlawful.
The case is one of several brought by chairs or members of independent boards who have been fired by Trump since he took office last month that will likely test the scope of the president's powers over those agencies.
Federal workers who lose their jobs can bring a challenge before the board, an independent three-member panel, seeking to be reinstated. That role could put it in a central spot as Trump moves swiftly to shrink the federal government's workforce.
The Trump administration last week began firing thousands of people, according to unions and former employees, and signaled that more large-scale layoffs were coming. It has not said how many people have been fired.
Contreras in a 21-page ruling said Trump's attempt to fire Harris last week likely violated the federal law creating the board, which allows members to be removed only for "inefficiency, neglect of duty, or malfeasance in office."
"There is a substantial public interest in having governmental agencies abide by the federal laws that govern their existence and operations," wrote Contreras, an appointee of Democratic former President Barack Obama.
The White House and the Department of Justice did not immediately respond to requests for comment. The Justice Department has argued in Harris' lawsuit and others that the Constitution grants the president broad powers to remove any official responsible for enforcing federal laws.
Michael Kator, a lawyer for Harris, said in an email: "This is, of course, only the first step in a series of battles that almost certainly will culminate in the Supreme Court. But this is an extraordinarily important first step."
Harris was appointed to the MSPB in 2022 by Trump's Democratic predecessor President Joe Biden and served as its chair until Trump took office last month. Trump named Henry Kerner, a Republican, as acting chair of the board before he fired Harris last week.
Trump's removal of Harris had left the board with a 1-1 split and the term of the remaining Democrat, Raymond Limon, set to expire on Mar. 1. Reinstating Harris means the board would still have a quorum that can decide cases after Limon leaves.
Contreras on Tuesday ordered that Harris be reinstated as chair, saying she had been confirmed to that position by the U.S. Senate. The judge scheduled a hearing for Mar. 3 on whether to continue allowing Harris to remain on the board pending the outcome of the case.
Trump has removed presidentially-appointed officials from several independent agencies, including the National Labor Relations Board and a panel that hears labor disputes between federal agencies and their employees' unions, and he fired more than a dozen inspectors general who act as independent agency watchdogs.
The Trump administration has asked the U.S. Supreme Court to intervene in its bid to fire the head of the Office of Special Counsel, which enforces laws protecting government whistleblowers, after a federal judge temporarily blocked his removal. The case is the first involving Trump's actions in his second term to reach the country's highest court.
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