On Tuesday, a federal judge reinstated Cathy Harris, the Democrat chairwoman of the Merit Systems Protection Board (MSPB).
“The mission of the MSPB is to ‘Protect the Merit System Principles and promote an effective Federal workforce free of Prohibited Personnel Practices.'” the agency’s website says.
Cathy Harris was appointed to the MSPB in 2021 and her term was set to expire on March 1, 2028, but Trump fired her earlier this month.
Judge Rudolph Contreras, an Obama appointee with a history of anti-Trump bias, ruled that Trump’s decision to fire Cathy Harris, a member of an executive branch agency, exceeded his authority.
“Federal law states that members of the Merit Systems Protection Board may be removed from office ‘only for inefficiency, neglect of duty, or malfeasance in office.’ On February 10, 2025, President Donald J. Trump informed Harris that her position on the MSPB was ‘terminated, effective immediately’ but provided no reason for Harris’s termination,” Judge Contreras wrote in a 21-page opinion.
Contreras issued a temporary restraining order, ordering the reinstatement of Cathy Harris.
“The following day, Harris filed this lawsuit against President Trump and several other federal officials (“Defendants”), claiming that her termination violated federal law. She moves for a temporary restraining order declaring her removal from office to be unlawful, declaring that she remains a member of the MSPB, and enjoining Defendants from treating her as having been removed. For the following reasons, the Court grants that motion while the parties fully brief a motion for a preliminary injunction,” Contreras wrote.
Cathy Harris was ordered to file a motion for a preliminary injunction by February 23, 2025. Trump’s DOJ must file any opposition by February 28, and Harris must respond by March 3.
The court will rule on the preliminary injunction as soon as both parties have filed their replies.
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