A federal judge’s order to reinstate a fired Biden appointee to the Merit Systems Protection Board (MSPB) may lead to a Supreme Court case on the independence of federal agencies.
Quick Takes
- Judge Rudolph Contreras ordered President Trump to temporarily reinstate a Biden appointee to the MSPB.
- The MSPB is an independent agency handling civil service employment disputes.
- The case is based on a 1935 precedent supporting independent boards and commissions.
- This case may proceed to the DC Circuit and potentially the Supreme Court.
- Similar cases challenging agency independence are also in progress.
Federal Judge’s Ruling Challenges Presidential Authority
In a move that has sparked debate over the limits of presidential power, Judge Rudolph Contreras, an Obama appointee, has ordered the reinstatement of Cathy Harris, a Biden appointee to the Merit Systems Protection Board (MSPB). Harris was terminated by President Trump via email on February 10, 2025 with the email reading “On behalf of President Donald J. Trump, I am writing to inform you that your position on the Merit Systems Protection Board is terminated, effective immediately. Thank you for your service.” Despite her appointment to a seven-year term this decision has set the stage for a potential Supreme Court case that could redefine the independence of federal agencies.
Obama judge Rudolph Contreras should recuse himself from any case that has anything to do with Donald Trump or the Trump administration. There’s no way in which can be impartial.
He was the FISA Court judge who signed off on the fraudulent FISA warrant that kicked off the entire…
— Insurrection Barbie (@DefiyantlyFree) February 19, 2025
The MSPB, an independent agency responsible for resolving employment disputes involving civil service employees, now finds itself at the center of a legal battle that could have far-reaching implications for the structure and administration of federal agencies. Judge Contreras’s ruling highlights the ongoing national debate over how independent these agencies should be, especially in the face of changing political administrations.
Legal Precedent and Potential Supreme Court Review
Judge Contreras based his decision on the 1935 precedent set in Humphrey’s Executor v. United States, which supports the existence of independent boards and commissions. This ruling underscores the legal protections afforded to MSPB judges, who can only be dismissed for inefficiency, neglect of duty, or malfeasance in office. “The Court concludes that Harris has established a strong likelihood of success on the merits, that irreparable harm is likely to occur in the absence of injunctive relief and that the public interest weighs in favor of enjoining Defendants’ actions,” stated Contreras. “Harris has thus carried her burden to establish that a temporary restraining order is warranted here.”
The case is expected to proceed to the DC Circuit and potentially to the Supreme Court, where it could join other cases challenging the limits of Humphrey’s Executor. These include the firing of Special Counsel Hampton Dellinger, also terminated by Trump, and the dismissals of 17 Inspectors General and a member of the National Labor Relations Board.
Implications for Presidential Authority and Agency Independence
This case raises important questions about the extent of presidential authority over independent agencies and the balance of power within the federal government. The outcome could have significant implications for how future administrations interact with and potentially reshape these agencies.
The reinstatement of Harris and the potential Supreme Court review of this case could set a precedent that affects not only the MSPB but also other independent agencies across the federal government. As the legal battle unfolds, it will likely reignite debates about the proper balance between executive authority and the independence of federal agencies designed to operate outside of direct political influence.
Sources:
Judge Orders Biden Appointee Fired by Trump Reinstated to Office
Judge stops Trump ouster of Merit Systems Protection Board chair
