Among co-Pres. Trump’s many firings, he also fired the Chairperson of the Merit Systems Protection Board, Cathy Harris. Ms. Harris sued and was granted a permanent injunction. The Judge wrote a lengthy opinion, finding that The President cannot fire members of the MSPB board without cause. The members of the board enjoy a prescribed term – set by statute. The President cannot change an act of Congress.

It is fortunate that Ms. Harris will return to the Board soon, because Pres. Elon has fired so many federal workers without cause that they all also enjoy appeal rights to the MSPB. See The Hill news report here. The Trump administration has lost most of the lawsuits brought against it for these unlawful firings. It makes one wonder what their plan is. The administration had to know these firings are on shaky ground. One theory is that the administration is pursuing a fringe theory known as the “Unitary Executive.” Under this view of the chief executive, the President should enjoy unfettered right to run the entire executive department as he sees fit. Congress, however, has created a great many semi-independent agencies. The MSPB is one of those semi-independent agencies. The theory is that the Trumpistas believe they can appeal these firings to the U.S. Supreme Court and prevail. We will see.