Judge temporarily blocks Trump from firing Democratic member of federal employee appeals board

A federal judge on Tuesday afternoon temporarily reinstated a Democratic member of the Merit Systems Protection Board who President Donald Trump removed, which could have implications for recently fired federal employees who decide to challenge their terminations. 

U.S. District Judge Rudolph Contreras, an Obama appointee, ordered that Cathy Harris remain chairwoman of the federal employee appeals board until the court rules on a preliminary injunction. A hearing is scheduled for March 3. 

On his first day in office, Trump demoted Harris from leading the MSPB and then outright removed her from the panel on Feb. 10. Harris’ term ends in 2028. 

Shortly thereafter, however, Harris filed a lawsuit that argued the president can only remove an MSPB member for “inefficiency, neglect of duty or malfeasance in office.” According to Harris, her notice of removal did not provide a justification for the firing. 

With her reinstatement, Democrats again have a 2-1 advantage over the GOP on the three-member board, which hears appeals from federal employees about firings and other disciplinary actions. 

Similarly, Trump fired Special Counsel Hampton Dellinger, but a federal judge reinstated him until the court makes a decision on his request for a preliminary injunction. His hearing is scheduled for Feb. 26. 

Dellinger’s term ends in 2029. The Office of Special Counsel protects federal employees, especially whistleblowers, from prohibited personnel practices.