A federal judge’s order to reinstate a fired Merit Systems Protection Board member could set the stage for a Supreme Court showdown over independent agencies.
Key Takeaways
- Judge Rudolph Contreras ordered President Trump to temporarily reinstate a Biden appointee to the Merit Systems Protection Board (MSPB).
- The MSPB is an independent agency handling employment disputes for civil service employees.
- The case may proceed to the DC Circuit and potentially the Supreme Court, challenging the limits of agency independence.
- Similar cases involving other dismissed officials are already making their way through the courts.
- The ruling reignites debate over presidential power and the autonomy of federal agencies.
Federal Judge Orders Reinstatement of Biden Appointee
In a move that could have far-reaching implications for the independence of federal agencies, Judge Rudolph Contreras has ordered the temporary reinstatement of a Biden appointee to the Merit Systems Protection Board (MSPB) who was dismissed by President Trump. The decision highlights the ongoing tension between presidential authority and the autonomy of independent federal entities.
Obama judge Rudolph Contreras should recuse himself from any case that has anything to do with Donald Trump or the Trump administration. There’s no way in which can be impartial.
He was the FISA Court judge who signed off on the fraudulent FISA warrant that kicked off the entire…
— Insurrection Barbie (@DefiyantlyFree) February 19, 2025
The MSPB, an independent agency responsible for resolving employment disputes involving civil service employees, found itself at the center of a political and legal storm when Cathy Harris, appointed by Biden to a seven-year term, was terminated by Trump via email on February 10, 2025. This abrupt dismissal raised questions about the limits of presidential power over such agencies.
Legal Basis and Potential Supreme Court Challenge
Judge Contreras, an Obama appointee, based his decision on the 1935 precedent Humphrey’s Executor v. United States, which supports the existence of independent boards and commissions. This ruling underscores the complex legal landscape surrounding the dismissal of appointees to independent agencies. “The Court concludes that Harris has established a strong likelihood of success on the merits, that irreparable harm is likely to occur in the absence of injunctive relief and that the public interest weighs in favor of enjoining Defendants’ actions,” stated Contreras. “Harris has thus carried her burden to establish that a temporary restraining order is warranted here.”
The case is expected to proceed to the DC Circuit and potentially to the Supreme Court, where it could join other cases challenging the limits of Humphrey’s Executor. One such case involves Special Counsel Hampton Dellinger, who was also fired by Trump and whose case is currently before the Supreme Court.
Broader Implications for Federal Agencies
This ruling doesn’t stand alone in challenging presidential authority over independent agencies. The dismissals of 17 Inspectors General and a member of the National Labor Relations Board under the Trump administration have also raised questions about the extent of executive power over these entities.
The controversy surrounding these dismissals highlights the delicate balance between presidential oversight and the need for independent federal agencies to function without undue political influence. As these cases make their way through the courts, they have the potential to reshape the relationship between the executive branch and independent agencies, with far-reaching consequences for government operations and accountability.
Sources:
Judge Orders Biden Appointee Fired by Trump Reinstated to Office
Judge stops Trump ouster of Merit Systems Protection Board chair
