Federal judge serves Trump another blow in the face citing, ‘lack of power’
In several states across the country, including Florida, New York, Georgia, and Washington D.C., Trump was battling several legal cases in the past few years. After becoming a president late last year, all these cases were shut, and he emerged victorious. Just recently, now as a sitting president, Trump managed to strike yet another legal win after an appeals court in Florida decided in his favor. Per the court, Trump was allowed to move forward with his defamation lawsuit against the Pulitzer Prize Board, thus defining a turning point in the continuous legal narrative also known as “Russiagate.”
However, since becoming a president and signing dozens of executive orders in a short period of time, numerous legal cases against these executive orders were started, and some of the decisions have been stopped, at least temporarily. In a recent court decision, a federal judge served Trump another blow in the face as the judge on Tuesday reinstated a member of the Merit Systems Protection Board after she sued to regain her position following her removal by President Donald Trump.
Appointed by former President Barack Obama, U.S. District Judge Rudolph Contreras released a 21-page order on Tuesday in a landmark decision stating that the president’s behavior lacked support from the statutory grounds required for removal of an MSPB member.
The dispute started on February 10 when Trump abruptly fired Harris with a termination letter lacking any comprehensive explanation for her departure. Federal law’s regulations allow MSPB members—who are presidential appointees—only to be removed from their seats for inefficiency, neglect of duty, or office misconduct. Harris, whose term was set to expire in March 2028, challenged her dismissal in court, leading to this recent judicial intervention.
In his detailed memorandum, Judge Contreras cited the Civil Service Reform Act of 1978 (CSRA), which explicitly defines the circumstances under which an MSPB member can be removed. He also referenced historical precedents, most famously a 1935 Supreme Court case protecting members of quasi-legislative and quasi-judicial bodies from presidential whims. These precedents, according to Contreras, highlight the need of the MSPB operating while maintaining certain political independence, necessary to maintain the integrity of the civil service system.
Read also: Trump is putting America’s future in question with another risky executive order on the horizon
The MSPB itself plays a critical role in reviewing federal employee appeals on adverse actions and ensuring compliance with civil service laws. Its activities consist in supervising cases involving employee termination or suspension and investigating civil service issues for Congress and the President. The board’s independence from direct political control is considered to be essential given its major judicial-like responsibilities in adjudicating federal employees’ claims.
The decision of Judge Contreras underlined that maintaining the nonpartisan character of the MSPB’s responsibilities depends fundamentally on its independence, which is not just a statutory mandate. As Contreras pointed out, the board is “nonpartisan and must act with entire impartiality,” a CSRA concept established in order to prevent excessive influence over its judgments.
Harris’s decision to be reinstated comes with a temporary restraining order that keeps the government from substituting her or depriving her of office resources. This sequence also prepares the ground for a possible preliminary injunction hearing set for March 3, which would confirm the opposition against politically driven removals of MSPB members even more.
As things stand, everyone will be focused on the forthcoming hearing, which might have significant implications for civil service independence going forward.
