A Democrat who previously served on the U.S. Merit Systems Protection Board has filed a lawsuit challenging President Donald Trump’s decision to remove her from her post. The legal action was taken by Cathy Harris, a member of the independent agency responsible for hearing appeals from federal workers who face disciplinary action or termination.
Harris, who was appointed to the board in 2022 by former President Joe Biden, was informed on Monday that she was being removed by President Trump. This marks the latest instance of a government official from an independent agency going to court after Trump’s move to oust them.
In addition to Harris, Trump also dismissed Ray Limon, another Democratic appointee, from his role as the board’s vice chair. The case has been brought before U.S. District Judge Rudolph Contreras, who has scheduled a hearing for Thursday to review Harris’ request for a temporary restraining order, which would reinstate her position.
Harris explained her decision to fight the firing, stating, “I am fighting this to protect against the dismantling of federal agencies that guard against corruption and political interference in the civil service.”
In response, White House Press Secretary Karoline Leavitt emphasized that President Trump is within his rights to exercise executive authority in such matters, stating, “The president has every right to act on behalf of the American people.”
Harris, who had previously served as the board’s chair, was replaced by Henry Kerner, a Republican appointee, following Trump’s return to the White House. The Merit Systems Protection Board plays a significant role in reviewing cases where federal workers challenge their dismissals. This could place the agency at the center of Trump’s broader plan to reduce the federal workforce, which includes efforts like the recent directive to collaborate with billionaire Elon Musk’s Department of Government Efficiency.
Trump’s efforts to trim the federal government include a push to identify government employees for potential layoffs. Under this directive, U.S. agencies have been tasked with identifying positions that can be eliminated.
The Merit Systems Protection Board is composed of three members who serve seven-year terms. Harris argues that her dismissal was unlawful, claiming it violated established legal precedents. In particular, she cites the U.S. Supreme Court’s 1935 decision in Humphrey’s Executor v. United States, which placed limits on a president’s power to remove certain agency heads.
However, some members of the current conservative-majority Supreme Court have suggested they may reconsider or overturn this ruling, further complicating the legal fight. Harris’ lawsuit claims that her removal goes against long-standing legal protections for independent agency officials.
As the case unfolds, the outcome could have significant implications for the relationship between the executive branch and independent federal agencies.
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