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Harris v. Bessent (2025 Merit Board, Appeal)

No. 25-5037 Circuit · Decided Decided
Court
D.C. Cir.
cadc
Decided
Dec 5, 2025
Filed
Feb 20, 2025
Filed (CL)
Feb 20, 2025
CL Status
terminated

Case Overview

The government appealed the temporary restraining order preventing the termination of MSPB member Cathy Harris.

The Application

History

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

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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Docket

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Outcome History (4)

  1. Sep 22, 2025 SCOTUS
    Cert denied Neutral Final

    Petition for writ of certiorari before judgment was denied.

  2. Dec 5, 2025 Circuit
    Reversed Relief denied Final

    The judgment of the District Court was reversed.

  3. Jan 9, 2026 Circuit
    Other Neutral

    Petition for rehearing was denied.

  4. Jan 9, 2026 Circuit
    Other Neutral

    Petition for rehearing en banc was denied.

Federal Court TMR-8f069402 Firing of MSPB Member <br> Appeal of 1:25-cv-00412 May 18, 2026

Case Analysis

Issue

Whether an MSPB member may be terminated without good cause, and whether a temporary restraining order preventing such termination is properly issued.

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.

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.

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.

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.

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