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.
ummmmm. please explain how he can fire a judge?
he can’t!
because only congress can impeach a judge.......
I figured...but it’s a nice thought anyway.
Do as dems would, ignore and carry on.
Sorry...misspelled your name. Comment 22 was for you too.
Just having wishful thoughts...
There are three branches with recourse by the electorate.
NOT FOUR, with one unaccountable.
If the Supreme Court does a cowardly dodge it will run the risk of a constitutional crisis which will end with USSC backing down to avoid reaffirming the Three Coequal branches of government doctrine. Trump will not back down they will or risk losing power.
JUDGES NEED TO BE IMPEACHED
Hopefully the Humphrey Executor statute will be struck down by SCOTUS. If not ,Trump can still fire with cause. Then the court would be stuck with deciding who determines and what constitutes firing with cause. Someone has to decide and it can’t be a judge or Congress because that unconstitutionally redefines the executive and the other branches.
The question is can an agency of the executive branch be managed by another branch? That shouldn’t be complicated.
Ignore him.
The judge does not have the authority to do Trump’s job.
We’re going to have an endless parade to the Supreme Court if they don’t slap this down once and for all.
We need to start impeachment proceedings or whatever it takes to get rid of judges that exceed their Authority
If Trump can’t fire her, Biden couldn’t hire her.
This is the rule of law.
Humphrey's Executor is precedent binding on lower courts until overruled by the USSC. The judge's ruling is (legally) correct.
Great. Congress should serve her with papers letting her know impeachment has started against her. Charges: lack of basic knowledge of the US Constitition.
So these members answer to no one? I think the constitution says otherwise.
They become gods in their second year of law school.
Simple: just put her on “temporary, paid leave pending investigation.” For 3 years and 11 months.
Anyone can be fired for cause.
Rudy is Peter Strzok’s buddy. They crossed paths in DC on the cocktail circuits of the hoity-toitys’.
1803, Marbury vs Madison.
4th sentence in
Judge Rudolph Contreras, an Obama appointee with a history of anti-Trump bias
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.