Washington, D.C. Merit Systems Protection Board Unlawful Dismissal Challenge

Harris v. Bessent

Filed: February 11, 2025

Lawsuit filed by Cathy Harris, a member of the Merit Systems Protection Board (MSPB), against President Donald Trump and several government officials challenging Trump’s attempt to terminate her.

The MSPB is an independent federal agency that ensures the federal workforce is managed consistent with merit systems principles. It also protects employees against prohibited personnel practices, including reprisal for whistleblowing. In June 2022, Harris was appointed by former President Joseph Biden to serve a seven-year term on the MSPB. On Feb. 10, 2025, Trump purported to terminate Harris from her position in a one-sentence email without providing reason.

Harris argues that MSPB members can only be terminated for “inefficiency, neglect of duty, or malfeasance in office.” She also claims that the Trump administration’s attempt to exercise authority over the MSPB violates the Administrative Procedure Act and Declaratory Judgment Act. Finally, Harris alleges that Trump’s purported termination violates several clauses of the U.S. Constitution. Harris asks the court to order that she be reinstated to the MSPB and declare that she may only be removed by the president for inefficiency, neglect of duty or malfeasance in office.

On Feb. 18, the district court granted Harris’ motion for a temporary restraining order, reinstating Harris to her position on the MSPB. On Feb. 20, the Trump administration appealed the order to the U.S. Court of Appeals for the D.C. Circuit.

On March 4, a federal judge granted Harris’ motion for summary judgment finding that she was unlawfully removed from her position. Harris will remain a member of the Merit Systems Protection Board without interference from the Trump administration. The government appealed the ruling and requested the court pause reinstatement. Oral argument is scheduled for March 18.

On March 28, 2025, the D.C. Circuit granted the government’s emergency motion to stay a lower court ruling reinstating Cathy Harris, effectively clearing the way for Trump to remove her as the case continues.

STATUS: On April 7, 2025, the full D.C. Circuit vacated the panel’s decision that removed Cathy Harris and agreed to rehear the government’s request for a stay. Cathy Harris is reinstated.