(WASHINGTON) — President Donald Trump unlawfully removed a member of a federal office that protects government employees from partisan interference, a federal judge ruled Tuesday.
U.S. District Judge Rudolph Contreras granted a permanent injunction reinstating Cathy Harris to the Merit Systems Protection Board, delivering the Trump administration another legal defeat as they attempt to reshape the federal workforce.
Contreras found that Harris’ removal broke the law because Trump failed to provide cause for her removal when the White House communicated last month that her role had been terminated in a one-sentence, late-night email. Contreras noted that Harris had actually been “efficient and effective” in her role, clearing the board’s massive 3,800-case backlog.
“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,” Contreras wrote.
Harris, the board’s chairman, was nominated by then-President Joe Biden in January 2022 for a term not set to expire until March 2028. She was confirmed by the Senate in May 2022. Contreras’ ruling says Harris must now remain in the role through the end of her term, unless she is removed for cause.
The board only consists of three members, with the law stating no more than two can be from the same political party. In removing Harris, Trump had announced the Republican member, Henry Kerner, would take over the role as chair. Raymond Limon, also a Democrat like Harris, served as vice chair until he resigned last week on the final day of his term.
Trump’s attempt to remove Harris comes as the Merit System Protection Board — a little-known office that protects federal employees from abuses by management and prohibited practices — grows in significance as the Trump administration slashes thousands of federal employees. Some judges have turned down lawsuits by noting that the correct avenue for the employees’ claims would be the Merit System Protection Board, rather than a federal court.
On Saturday, another federal judge issued a permanent injunction reinstating special counsel Hampton Dellinger, who was similarly removed without cause by the Trump administration.
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