Update – On May 22, the Supreme Court declined to reinstate Member Harris to the Board in a 6-3 decision. This effectively sends the decision over whether the President has the power to fire members of independent agency boards back to the lower courts, with the majority’s opinion judging that “the Government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty.”
Timeline
April 9, 2025 – The Supreme Court blocked the reinstatement of Member Harris while litigation on her dismissal continues.
April 7, 2025 – The D.C. Circuit Court of Appeals ruled to reinstate Cathy Harris to the MSPB.
March 28, 2025 – The D.C. Circuit Court of Appeals ruled that President Trump has the power to remove executive officials in Harris v. Bessent.
February 18 – A federal judge ordered the Trump administration to reinstate MSPB Member Harris.
February 10, 2025 – President Trump fires MSPB Member Cathy Harris.
On February 10, President Trump illegally fired Merit Systems Protection Board (MSPB) Member Cathy Harris. Member Harris was appointed by President Biden and confirmed by the Senate to serve a term that was not set to expire until March 2028. MSPB members can removed by the president, but “only for inefficiency, neglect of duty, or malfeasance in office.” As of February 11, Member Harris has sued the Trump administration over her dismissal.
Impact: The MSPB is an independent agency that protects the federal merits systems and the rights of employees in those systems. Since day one, President Trump has undertaken dozens of actions that harm the federal workforce, including changes to merit-based systems. The illegally removal of Member Harris makes way for President Trump to appointment of an individual that aligns politically with his interests.