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FMA Washington Report: March 7, 2025
Federal Judge Reinstates Cathy Harris at MSPB

On March 4, a federal judge blocked the Trump administration from firing Cathy Harris from the Merit Systems Protection Board (MSPB). Harris, who’s term does not expire until 2028, was notified on February 11 of her removal. However, in a lawsuit she argued an MSPB member can only be removed for “inefficiency, neglect of duty, or malfeasance in office.” The MSPB is an independent, quasi-judicial agency in the Executive branch that serves as the guardian of federal merit systems, and has seen a major surge in cases recently due to mass firings across the workforce.

Harris’ removal was judged to be unlawful, as it did not provide a justification.

“The President thus lacks the power to remove Harris from office at will. 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,” wrote District Judge Rudolph Contreras in his ruling.

The Justice Department appealed the decision, where it will go to the DC US Circuit Court of Appeals, and likely the U.S. Supreme Court. Harris may stay at MSPB in the meantime, allowing the agency to maintain a quorum, process cases and submit final rulings.

“All I want to do is do the job the United States Congress asked me to do,” Harris said in a statement after the ruling. “And I’m glad the Court has ruled on just how illegal Donald Trump’s action here has been. I am prepared to go all the way to the Supreme Court of the United States to vindicate our constitutional principles.”

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