Two Democratic appointees are challenging their firings by President Donald Trump, urging courts to reinstate them. Their legal actions follow a judge’s temporary order preventing another dismissal.
Cathy Harris, ousted from the Merit Systems Protection Board (MSPB), and Susan Tsui Grundmann, removed as chair of the Federal Labor Relations Authority (FLRA), claim Trump's actions were unlawful. Their cases were filed in the same Washington court that recently halted the removal of Hampton Dellinger, head of the U.S. Office of Special Counsel.
The MSPB handles federal employee appeals, while the FLRA oversees labor relations for over 2 million federal workers. Trump has aggressively reshaped government agencies since returning to office on January 20, supported by Elon Musk’s Department of Government Efficiency. Mass layoffs are reportedly underway, affecting multiple agencies.
Lawyers for the dismissed officials argue that they could only be removed for cause before their terms expire, citing the 1935 Supreme Court ruling in Humphrey's Executor v. United States. Linda Correia, representing Harris, called for emergency relief, warning that the dismissals threaten agency independence.
Justice Department attorney Madeline McMahon defended the firings, asserting that MSPB members must remain accountable to the president. However, U.S. District Judge Rudolph Contreras appeared skeptical, suggesting Supreme Court precedent limits the administration’s authority.
As the legal battle unfolds, concerns grow over the broader impact on federal employees amid Trump’s restructuring efforts.