Harris v. Bessent (2025 Merit Board, Appeal)
Legal Issues
Overview
Overview
The government appealed Judge Rudolph Contreras's order finding that the termination of Cathy Harris from the Merit Systems Protection Board was not lawful.
Overview
The government appealed the temporary restraining order preventing the termination of MSPB member Cathy Harris.
The Issue
Issue
Whether an MSPB member may be terminated without good cause, and whether a temporary restraining order preventing such termination is properly issued.
The Rules
Rule
MSPB members have statutory tenure protections under 5 U.S.C. § 1202(a), restricting removal to good cause. A temporary restraining order may issue upon showing of likelihood of success on the merits, irreparable harm, balance of equities favoring the applicant, and that relief serves the public interest.
The Application
Analysis
Harris challenged the government's attempt to terminate her as an MSPB member as violating statutory removal protections. The district court issued a TRO, apparently finding likelihood of success on the statutory tenure claim and irreparable harm from her removal. The government appealed, contesting the legal basis for these protections and the propriety of preliminary relief.
The Conclusion
Conclusion
The CADC decided the appeal, addressing whether MSPB tenure protections prevent the government from terminating Harris and whether preliminary injunctive relief was appropriately granted.
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