The Supreme Court must intervene.
A federal judge on Tuesday granted a permanent injunction reinstating a Biden-appointed chairwoman of the Merit Systems Protection Board (MSPB).
“The mission of the MSPB is to “Protect the Merit System Principles and promote an effective Federal workforce free of Prohibited Personnel Practices.”” the agency’s website says.
Cathy Harris was appointed to the MSPB in 2021 and her term was set to expire on March 1, 2028, but Trump fired her last month.
Judge Rudolph Contreras, an Obama appointee with a history of anti-Trump bias, said Trump’s decision to fire Cathy Harris, a member of an agency in the executive branch, exceeded his authority.
Last month Contreras issued a temporary restraining order and reinstated Cathy Harris.
Judge Contreras on Tuesday granted a permanent injunction restoring Cathy Harris’s job after both parties filed replies.
The judge claimed Cathy Harris’s job falls under “Humphrey’s Executor” (just like the Hampton Dellinger case) and that “she may be removed by the President prior to the expiration of her term in office only for inefficiency, neglect of duty, or malfeasance in office.”
“The Court first considers the constitutionality of the MSPB’s structure, concluding that its members’ for-cause removal protections are constitutional under Humphrey’s Executor,” Judge Contreras wrote in a 35-page opinion reviewed by The Gateway Pundit.
“Federal law thus prevents the President from removing members of the MSPB without cause, and the President’s attempt to terminate Harris was unlawful. As such, Harris is entitled to summary judgment. The Court next determines the remedies to which Harris may be entitled, granting her declaratory judgment and a permanent injunction. To the extent that injunctive relief may be unavailable, the Court would grant mandamus relief in the alternative,” the judge wrote.
President Trump previously appealed the reinstatement of Cathy Harris, a Biden holdover in the executive branch who was fired by Trump – then rehired by a corrupt Obama judge.
“PLEASE TAKE NOTICE that Defendants hereby appeal to the United States Court of Appeals for the District of Columbia Circuit from this Court’s Memorandum Opinion and Order granting Plaintiff’s Motion for a Temporary Restraining Order,” The Trump DOJ’s wrote in a notice of appeal last month.
The post JUST IN: Obama Judge Grants PERMANENT Injunction Reinstating Biden-Appointed Chairwoman of Merit Systems Protection Board, Says Trump Doesn’t Have Authority to Fire Her appeared first on The Gateway Pundit.
Source: The Gateway Pundit
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