Another Federal Judge rules against a Trump firing….

The judge ordered a reinstatement of the head of the three-person Merit Systems Protection Board (MSPB) , as has other judges in similar situations…

The Supreme’s have let such ruling’s stand ….

Trump actions are the subject of numerous Federal law suit’s seeking to rein in Trump’s effort to undo laws and actions of Congress….

A federal judge ruled Tuesday that the Trump administration’s firing of a federal employee appeals board member was unlawful.

U.S. District Judge Rudolph Contreras ruled in favor of Cathy Harris, who chaired the three-person Merit Systems Protection Board (MSPB) during the Biden administration. He indefinitely reinstated her to her post on the board, writing that federal law prevents presidents from removing members of the MSPB without cause.

“The President’s attempt to terminate Harris was unlawful,” Contreras wrote in a 35-page decision.

The order allows Harris to return to her post, granting her full access to the benefits of her office while barring the Trump administration from recognizing any other person as a member of the MSPB in her position.

Harris was fired via a one-sentence email from the Presidential Personnel Office last month. She had four years left in her seven-year term on the MSPB, from which the president can only remove members for “inefficiency, neglect of duty or malfeasance in office.”

Contreras’s order dictates Harris will continue to serve as a member of the board for the duration of her term unless she’s removed for one of those reasons…..

…

“The plaintiff deserves relief in this case,” he said.

Contreras ruled that the MSPB falls within the scope of Supreme Court precedent giving Congress the power to specify the length of members’ terms and determine under which circumstances the president may remove those members.

“The President thus lacks the power to remove Harris from office at will,” the judge wrote. “Because the President did not indicate that he sought to remove Harris for inefficiency, neglect of duty, or malfeasance in office, his attempt to terminate her was unlawful and exceeded the scope of his authority.”

Harris’s is one of several lawsuits challenging firings of independent federal agency leaders with statutory removal protections. The head of the Office of Special Counsel (OSC), plus Democratic appointees to multimember commissions such as the National Labor Relations Board and Federal Labor Relations Authority, have also challenged their firings.

A different federal judge ruled Saturday that Trump’s firing of OSC Director Hampton Dellinger was unlawful, which the Justice Department quickly appealed.

That case already reached the Supreme Court, though the justices punted on the Trump administration’s request to wipe the lower court’s temporary reinstatement of the official…..

More…

Note….

Knowing Trump?

The judges assume that THEIR action could and probably will be appealled ….

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Another Federal Judge rules against a Trump firing….

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