Posted on 03/04/2025 9:35:31 AM PST by Red Badger
The Supreme Court must intervene.
A federal judge on Tuesday granted a permanent injunction reinstating a Biden-appointed 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 last month.
Judge Rudolph Contreras, an Obama appointee with a history of anti-Trump bias, said Trump’s decision to fire Cathy Harris, a member of an agency in the executive branch, exceeded his authority.
Last month Contreras issued a temporary restraining order and reinstated Cathy Harris.
Judge Contreras on Tuesday granted a permanent injunction restoring Cathy Harris’s job after both parties filed replies.
The judge claimed Cathy Harris’s job falls under “Humphrey’s Executor” (just like the Hampton Dellinger case) and that “she may be removed by the President prior to the expiration of her term in office only for inefficiency, neglect of duty, or malfeasance in office.”
“The Court first considers the constitutionality of the MSPB’s structure, concluding that its members’ for-cause removal protections are constitutional under Humphrey’s Executor,” Judge Contreras wrote in a 35-page opinion reviewed by The Gateway Pundit.
“Federal law thus prevents the President from removing members of the MSPB without cause, and the President’s attempt to terminate Harris was unlawful. As such, Harris is entitled to summary judgment. The Court next determines the remedies to which Harris may be entitled, granting her declaratory judgment and a permanent injunction. To the extent that injunctive relief may be unavailable, the Court would grant mandamus relief in the alternative,” the judge wrote.
President Trump previously appealed the reinstatement of Cathy Harris, a Biden holdover in the executive branch who was fired by Trump – then rehired by a corrupt Obama judge.
“PLEASE TAKE NOTICE that Defendants hereby appeal to the United States Court of Appeals for the District of Columbia Circuit from this Court’s Memorandum Opinion and Order granting Plaintiff’s Motion for a Temporary Restraining Order,” The Trump DOJ’s wrote in a notice of appeal last month.
The Merit Systems Protection Board was established by a 1978 law which became effective in 1979, the Civil Service Reform Act of 1978 (CSRA), Public Law No. 95-454 signed by President Carter.
The Civil Service exams are pretty much defunct, victim of EEO complaints of racial unfairness. Even the “qualification standards” are no longer followed when Obama converted hiring practices to automated self-qualification. The applicant can just assert they have the knowledge, skill and ability and the machine goes with that.
Freaking judges are running the country,not the President
Correct!
A correction is in order - updates to the law were signed into law by President Bush.
I agree with you, but I would ask this.
Who is her boss, her direct supervisor right now ?
I imagine Obama is laughing at us trying to fix all the knots the deep state has built into our system of government.
Didn't somebody say that our system of government is not suited for anyone other than a just and honorable people ?
Anyone know why that would be the case ? Does every one in government fall under that precedent or is it being selectively applied ?
Whatever the case, this Merit Systems Protection Board is just another way to work around the Merit Systems process. Elon should demand she list 5 Merits she protected in her position. Since there are many people being laid off or fired from government positions, how can it be claimed she is DOING HER JOB ?
I'd like a job with the government. My job title should be Assistant Supervisor to the Supervising Assistant for Assisting Supervisors with Supervision of Assistants.
Seven year term, unfireable! Great for managing. Maybe Trump should appoint himself to a unfireable seven year term as ultimate commissioner of the USA!
Give her an office in a tent on the worst part of the southern border. Tell her to try and sign up anyone coming across, especially those carrying drugs. Her tent will contain a stool as office equipment.
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