The judge ruled that President Donald Trump provided no reason for Harris’s termination
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The former chairwoman of a little-known agency that hears appeals by fired or disciplined federal government employees has been ordered reinstated to her position by a federal judge.
Cathy Harris, a Democrat who led the Merit Systems Protection Board (MSPB) until she was fired by President Donald Trump on Feb. 10, has been put back in her position after a judge issued a permanent injunction.
Harris had filed an appeal the day after her sacking, arguing that Trump and other federal officials did not have the authority to terminate her and that an email outlining her dismissal showed no reason for cause to terminate her.
She cited the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. United States that has limited a president's ability to fire certain agency heads. Some justices on today's 6-3 conservative-majority court have signaled a willingness to rein in or perhaps overturn that ruling.
President Donald Trump and Cathy Harris (Bonnie Cash/UPI/Bloomberg via Getty Images, left, U.S. Merit Systems Protection Board, right. )
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On Tuesday, U.S. District Court Rudolph Contreras of the District of Columbia agreed with Harris and wrote that federal law states that members of the MSPB may be removed from office "only for inefficiency, neglect of duty, or malfeasance in office."
Contreras wrote that President Donald Trump informed Harris that her position on the MSPB was "terminated, effective immediately," but provided no reason for Harris’s termination.
Harris was appointed to the board in 2022 by former President Joe Biden for a 7-year term. The merit Systems Protection Board is the primary agency used by civil servants to file complaints within the federal government.
Trump named Henry Kerner, a Republican, as its acting chair upon returning to the White House on Jan. 20.
President Donald Trump fired Harris and did not provide a reason. (Tierney L. Cross/Getty Images)
Contreras further ordered that Harris shall continue to serve as a member of the MSPB until her term expires, unless she is earlier removed for inefficiency, neglect of duty, or malfeasance in office under that statute.
Contreras, who was nominated by President Barack Obama, a Democrat, and has served on the court since 2012, initially agreed on Feb. 18 to issue a temporary restraining order for Harris to continue chairing the three-member board until the court decides her case. After a hearing on Monday, the judge issued a permanent injunction extending that previous order.
"Harris has undoubtedly experienced an injury to this independence in her capacity as a member of the MSPB following the President’s attempt to terminate her without cause, and any future attempts would prove just as harmful to that autonomy," the judge wrote.
"In addition, unlike most other federal employees, Harris was duly appointed by the President and confirmed by the Senate to a position carrying a term of years with specific reasons for her removal."
Harris was nominated by former President Biden. (ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)
The judge wrote that injunctive relief in this case is in the public interest, and the balance of the equities tips in Harris’s favor.
"Given that federal law limits the conditions under which Harris’s tenure may be terminated, Supreme Court precedent supports the constitutionality of those conditions, and defendants do not argue that those conditions were met here, the court finds that it is in the public interest to issue injunctive relief," the judge wrote.
Government attorneys had argued that the court didn’t have the authority to reinstate Harris or bar Trump from replacing her on the board.
"The American people elected President Trump to run the executive branch," they wrote in court documents. "And President Trump has determined that keeping (Harris) in office no longer serves the best interests of the American people. That democratically accountable choice should be respected."
The Associated Press and Reuters contributed to this report.
Michael Dorgan is a writer for Fox News Digital and Fox Business.
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