Two Democratic appointees to U.S. agencies responsible for protecting federal employees’ rights filed legal actions on Thursday, seeking to be reinstated after being dismissed by President Donald Trump. Their legal challenge came a day after a judge issued a temporary order preventing Trump from removing a third official from his post.
Lawyers representing Cathy Harris appeared before a federal judge in Washington, arguing that Trump unlawfully removed her from her position on the Merit Systems Protection Board. This lawsuit followed hours after Susan Tsui Grundmann filed her own case, challenging Trump’s decision earlier this week to remove her as chair of the Federal Labor Relations Authority.
Both cases were brought before the same court in Washington, where a judge had issued a temporary restraining order the previous evening, allowing Hampton Dellinger to remain in his role as head of the U.S. Office of Special Counsel. Dellinger’s agency is responsible for protecting federal employees from retaliation related to whistleblowing and other prohibited practices.
The Merit Systems Protection Board (MSPB) hears appeals from federal employees who face dismissal or disciplinary actions, while the Federal Labor Relations Authority (FLRA) oversees labor-management relations for the federal workforce, which numbers over 2 million employees.
Since taking office on January 20, President Trump has removed several officials from independent government agencies as part of an aggressive effort to reshape the federal government and reduce its workforce. The effort is supported by billionaire adviser Elon Musk’s Department of Government Efficiency. Sources familiar with the ongoing layoffs at multiple U.S. agencies told Reuters that mass firings are currently underway.
Attorneys for all three dismissed officials argue that under the U.S. Constitution and Supreme Court precedents, they can only be removed for cause before their terms expire. They pointed to the landmark 1935 Supreme Court case Humphrey’s Executor v. United States, which limits the president’s ability to fire certain agency heads.
“We are seeking emergency relief from the president’s unlawful action because it undermines the independence of the MSPB,” said Linda Correia, Harris’s attorney, during Thursday’s court hearing before U.S. District Judge Rudolph Contreras.
Similarly, lawyers for Dellinger filed court papers emphasizing the urgency of returning their clients to their posts, citing the importance of their agencies in safeguarding federal employees amid the ongoing turmoil in the federal workforce.
However, Justice Department attorney Madeline McMahon argued that Harris could legally be dismissed, noting that the MSPB operates within the executive branch and that its members must ultimately be accountable to the president.
Judge Contreras did not issue an immediate ruling but appeared skeptical of the administration’s position, remarking, “I think that you believe I have more discretion under existing Supreme Court precedents than I actually do.”
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