Court invalidates Trump’s attempt to fire MERIT System Protection Board (MSPB) leader

I've stated this before and I'm sure we'll see it again. Trump was granted everything he needs by the Supreme Court to do pretty much whatever he wants. But because he nor his attorneys can't be bothered to do things properly, this is the result.

Cathy Harris, the chairwoman of the Merit Systems Protection Board, successfully argued that her firing violated the Civil Service Reform Act.

Jared Serbu@jserbuWFED
February 18, 2025 5:57 pm

4 min read

Court invalidates Trump’s attempt to fire MSBP leader

A federal judge on Tuesday invalidated President Trump’s attempt to fire Cathy Harris, the chairwoman of the Merit Systems Protection Board, finding that her term in office is protected by a federal law meant to ensure the board’s independence from political considerations....​
I'm guessing you don't know that Trump fired her because she wasn't doing her job? She was supposed to be ensuring that federal employees were promoted and rewarded based on merit, but she was not doing this.

But never mind that little fact, right?
 
I'm guessing you don't know that Trump fired her because she wasn't doing her job? She was supposed to be ensuring that federal employees were promoted and rewarded based on merit, but she was not doing this.

But never mind that little fact, right?
Right...Go by the numbers correctly if Trump wants to get rid of her.
 
Right...Go by the numbers correctly if Trump wants to get rid of her.
How do you know he didn't? Because one federal judge said so? The Civil Service Reform Act cited by the judge specifically says that MSBP members can be fired "for inefficiency, neglect of duty, or malfeasance in office.”
 
I'm guessing you don't know that Trump fired her because she wasn't doing her job? She was supposed to be ensuring that federal employees were promoted and rewarded based on merit, but she was not doing this.

But never mind that little fact, right?
That's neither here nor there. Did he terminate here within the guidelines.
 
How do you know he didn't? Because one federal judge said so? The Civil Service Reform Act cited by the judge specifically says that MSBP members can be fired "for inefficiency, neglect of duty, or malfeasance in office.”
Yep, one federal judge is a start, so we will see where that goes.
 
What do you mean as long as laws aren't broken?

If laws aren't broken. Why is that difficult to understand? He can't say "I want to get rid of the head of ABC agency because he's black, or a woman, etc." He can't do that. There may be other laws in place regarding other people in gov't that could or would be broken by firing them. As long as he doesn't do this, he can continue. A federal judge has said so.
 
I'm guessing you don't know that Trump fired her because she wasn't doing her job? She was supposed to be ensuring that federal employees were promoted and rewarded based on merit, but she was not doing this.

But never mind that little fact, right?
If that were the case, then why didn't he indicate that was the reason for her removal? And remember, that in these situations "because I say so" is not evidence or proof of anything. Because had he done that, then the court would have been able to determine that she was fired "for cause" and they wouldn't have had grounds to reinstate her.

The fact that the order to reinstate her additionally included a list of things that the government is not allowed to do to her during this time, most of which are of a retaliatory nature, shows the judge can see what is actually going on.

On the other hand though, if what you're referring to as her "not doing her job" according to Trump, has anything to do with what you all wrongly assume DEI and merit to mean, then yeah I can see him wanting to get rid of her.

He just should have followed protocol, policy and the laws surrounding the termination of people holding the position she does.
 
I've stated this before and I'm sure we'll see it again. Trump was granted everything he needs by the Supreme Court to do pretty much whatever he wants. But because he nor his attorneys can't be bothered to do things properly, this is the result.

Cathy Harris, the chairwoman of the Merit Systems Protection Board, successfully argued that her firing violated the Civil Service Reform Act.

Jared Serbu@jserbuWFED
February 18, 2025 5:57 pm

4 min read

Court invalidates Trump’s attempt to fire MSBP leader

A federal judge on Tuesday invalidated President Trump’s attempt to fire Cathy Harris, the chairwoman of the Merit Systems Protection Board, finding that her term in office is protected by a federal law meant to ensure the board’s independence from political considerations....​
This is a TRO Mariyam, the judge didn't "invalidate" anything.
 
How do you know he didn't? Because one federal judge said so? The Civil Service Reform Act cited by the judge specifically says that MSBP members can be fired "for inefficiency, neglect of duty, or malfeasance in office.”
Because he didn't state "inefficiency, neglect of duty, or malfeasance in office" as the reason for her termination. No reason was given which in and of itself is probably an additional violation.

Each worker is supposed to be terminated based on certain conditions or acts being fulfilled first. Trump/the government NEGLECTED to fulfill any of those steps so the judge saw her firing as likely being a "wrongful termination" and issued the temporary restraining order to keep her in her job until a final determination on the situation can be made. But he would not have returned her to her job if he could see that she didn't have a leg to stand on regarding her removal.
 
This is a TRO Mariyam, the judge didn't "invalidate" anything.
It's from the article, not my term. Nonetheless, he fired her and the court had her reinstated for now.

I'm not knowledgeable enough to know what's next as far as the preliminary hearing that is referenced in the order however I would imagine that it's a determination if she should be allowed sufficient time to file whatever formal complaint she & her attorney intend to pursue.
 
I've stated this before and I'm sure we'll see it again. Trump was granted everything he needs by the Supreme Court to do pretty much whatever he wants. But because he nor his attorneys can't be bothered to do things properly, this is the result.

Cathy Harris, the chairwoman of the Merit Systems Protection Board, successfully argued that her firing violated the Civil Service Reform Act.

Jared Serbu@jserbuWFED
February 18, 2025 5:57 pm

4 min read

Court invalidates Trump’s attempt to fire MSBP leader

A federal judge on Tuesday invalidated President Trump’s attempt to fire Cathy Harris, the chairwoman of the Merit Systems Protection Board, finding that her term in office is protected by a federal law meant to ensure the board’s independence from political considerations....​
No standing
 
It's from the article, not my term. Nonetheless, he fired her and the court had her reinstated for now.

I'm not knowledgeable enough to know what's next as far as the preliminary hearing that is referenced in the order however I would imagine that it's a determination if she should be allowed sufficient time to file whatever formal complaint she & her attorney intend to pursue.
TROs are typically very hard to get, they require a showing of immediate and irreparable hard (e.g., they are tearing down the building tomorrow). The fact that these judges have granted so many TROs is rather disconcerting.

Not sure if the Trump administration even had a chance to argue at the TRO hearing.

At preliminary injunction hearing she must prove she likely to succeed on the merits at the eventual trial, that she will be irreparably harmed if the court does not grant the preliminary injunction, that the balance of both equities and hardships is in her favor, and that granting a preliminary injunction is in the interest of the public.
 
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The TRO in the case of Harris and the MSPB relies on the judge’s determination that Harris is likely to prevail in this dispute on the merits.

The judge (notwithstanding that he was an Obama nominee) seems to have a fair basis for his conclusion in this particular dispute because the MSPB was designed to be an allegedly “independent” board with quasi judicial functions.

That doesn’t make him right. But he does have a reasonable basis for his TRO determination. Therefore, this case will get litigated. In the process, it is possible (I wouldn’t go so far as to say that it’s likely) that the basis for the ruling (ie, case law “precedent”) will get refined.

But, at this point it’s all speculative.
 
I've stated this before and I'm sure we'll see it again. Trump was granted everything he needs by the Supreme Court to do pretty much whatever he wants. But because he nor his attorneys can't be bothered to do things properly, this is the result.

Cathy Harris, the chairwoman of the Merit Systems Protection Board, successfully argued that her firing violated the Civil Service Reform Act.

Jared Serbu@jserbuWFED
February 18, 2025 5:57 pm

4 min read

Court invalidates Trump’s attempt to fire MSBP leader

A federal judge on Tuesday invalidated President Trump’s attempt to fire Cathy Harris, the chairwoman of the Merit Systems Protection Board, finding that her term in office is protected by a federal law meant to ensure the board’s independence from political considerations....​
Lower court ruling. With Trump's record with this sort of thing, I anticipate it will be overturned. Time will tell.
 
Because he didn't state "inefficiency, neglect of duty, or malfeasance in office" as the reason for her termination. No reason was given which in and of itself is probably an additional violation.

Each worker is supposed to be terminated based on certain conditions or acts being fulfilled first. Trump/the government NEGLECTED to fulfill any of those steps so the judge saw her firing as likely being a "wrongful termination" and issued the temporary restraining order to keep her in her job until a final determination on the situation can be made. But he would not have returned her to her job if he could see that she didn't have a leg to stand on regarding her removal.
Yes, the might of one federal judge.

Now the admin has to respond.
 
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