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Federal Judge Temporarily Reinstates Merit Systems Protection Board Member

A federal judge has issued a ruling that temporarily restores a Democratic appointee to the Merit Systems Protection Board (MSPB), a move that could significantly impact federal employees who have been dismissed and wish to contest their terminations.

U.S. District Judge Rudolph Contreras, appointed by former President Obama, ruled that Cathy Harris will remain as chairwoman of the MSPB until a preliminary injunction hearing can take place, scheduled for March 3.

President Donald Trump removed Harris from her leadership position on his first day in office and subsequently ousted her from the board on February 10, despite her term being set to end in 2028. This swift action has raised questions about the presidential authority to terminate board members.

In response to her dismissal, Harris filed a lawsuit asserting that a president can only remove an MSPB board member for specific reasons such as “inefficiency, neglect of duty or malfeasance in office.” Harris contends that the removal notice she received lacked any substantial justification for her termination.

Harris’s temporary reinstatement restores a Democratic majority on the three-member MSPB, shifting the balance to a 2-1 advantage over Republican members. The board is crucial for federal employees who seek appeals regarding their dismissals or other disciplinary measures.

In a related development, Special Counsel Hampton Dellinger was also dismissed by Trump, but a federal judge has reinstated him pending a decision on his request for a preliminary injunction. Dellinger’s hearing is set for February 26. His term is expected to run until 2029, and his role as Special Counsel involves safeguarding federal employees, particularly whistleblowers, from unfair employment practices.

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