A federal judge has ordered that Cathy Harris be permanently reinstated to her position on the Merit Systems Protection Board (MSPB), ruling that President Donald Trump wrongfully fired her.
U.S. District Judge Rudolph Contreras, an Obama appointee, said on Tuesday, “The MSPB’s independence would evaporate if the President could terminate its members without cause, even if a court could later order them reinstated.”
Under federal law, the president can only remove Harris for “inefficiency, neglect of duty, or malfeasance in office.” However, she was fired with no explanation in a brief email. The Trump administration never argued that Harris was fired for a valid reason, and the judge’s ruling followed Supreme Court precedent. This case is part of a broader push by the Trump administration to challenge existing court rulings and increase the president’s control over independent boards.
The MSPB handles cases related to unfair treatment of federal workers. It is one of several independent agencies meant to protect its leaders from political influence and ensure they can work without fear of partisan retaliation. In recent years, the Supreme Court has weakened protections for similar agencies, and the Trump administration has pushed for these protections to be removed entirely. If successful, this would give the president more control over the entire executive branch, reducing Congress’ ability to hold the president accountable.
The MSPB has become especially important lately, with many federal workers purged by Trump and others like Elon Musk. Contreras noted that while a takeover of the agency by Trump would not advance his political goals, it would allow high-ranking officials to avoid consequences for their actions by pressuring the MSPB into inaction. The agency’s effectiveness depends on being shielded from political influence, which is why Congress made it difficult to fire its leaders.
Contreras’ decision to reinstate Harris comes just one day after a hearing in which the Justice Department asked him to let Trump fill the vacancy left by her firing, even if Harris eventually won the case. Contreras rejected this request, saying that remedies like back pay would not fully address the harm done to Harris. “This is not a standard employment action that can be remedied through back pay and later reinstatement,” he wrote.
The Trump administration has already appealed the judge’s earlier order temporarily reinstating Harris to the D.C. Circuit Court of Appeals.
Trump could still fire Harris if there is cause, as allowed by Congress. However, the judge pointed out that Harris and her colleagues had worked hard to reduce a backlog of 3,800 cases in just three years, despite the board being unable to function properly due to a lack of quorum.
Contreras also noted that since the other Democrat on the board resigned and Harris’ term ends in March 2028, Trump will eventually have the chance to appoint two new members. He emphasized that Congress intended for the MSPB to operate independently from the President, with board members being selected by the president but not easily removed.
The judge concluded that the Supreme Court’s protections for Harris’ position are still in place for now.
