The Civil Service Reform Act of 1978 amended the prior law, which was passed in 1883. The current law is found at 5 U.S.C. §1101, et seq. The first Civil Service Act of 1883 changed what had been a political spoils system to a much more professional, stable work force. Prior to 1883, the Federal workforce was routinely changed whenever a new President entered office.

The new Trump administration wants to change all that. In the Project 2025 book, the authors make fantastic claims that Federal workers are not held accountable. The authors claimed that the Federal workforce included “careerists” who “lean to the Left.” The book cited no evidence for this over-the-top claim. I previously talked about Project 2025 and its effects on the Federal workforce here. It is safe to say that the Project 2025 book included many unrealistic claims about the Federal workforce.

Terminations without Cause

The Trump administration has fired hundreds of Federal employees without cause. Yet, the entire scope the Civil Service Reform Act is to require a stated cause. The foundation of the statute is that workers will only be fired for a good reason connected to job performance. A common myth today is that it is impossible or very difficult to terminate Federal employees. That is not true. But, it is true that a manager must show evidence of poor performance if he wishes to terminate a Federal employee. That generally means there must be some written warnings before an Agency can fire an employee.

Federal law requires that all Federal employees be treated fairly and equitably. 5 U.S.C. §2301(b)(2). They should be protected from arbitrary, personal favoritism, or coercion for partisan political purposes. 5 U.S.C. §2301(b)(8). 5 U.S.C. §2302 prohibits certain personnel practices. These prohibited practices generally include discrimination, including discrimination based on politics and including discrimination not based on job performance.

So, these hundreds of terminations for no stated reason will surely result in innumerable lawsuits and appeals to the Merit Systems Protection Board. The MSPB has jurisdiction over Federal terminations. Any Agency that goes to the MSPB with no written warnings in the file will lose. Maurene Coney, a former Assistant U.S. Attorney in New York, has taken a unique approach. She has filed in both the MSPB and in U.S. District Court. In her lawsuit, she argues that because the MSPB currently lacks a quorum, there can be no final decision. Therefore, she can file her claims in district court.

Too, when Ms. Comey was fired, the only stated reason offered by the Agency was the President’s authority under Article II of the Constitution. That is, the administration was claiming the power to fire any Federal employee for any reason. It has been arguing in court this creative “unitary executive” theory since last January. According to Ms. Comey’s Complaint, the MSPB has already stated that it lacks authority to adjudicate whether the President truly has some sort of unfettered Article II power to fire Federal employees. See Comey v. U.S. Dept. of Justice, No. 25-CV-07625 (S.D. N. Y.) lawsuit here.

Until these legal theories are adjudicated, hundreds of Federal employees will have some very solid lawsuits and appeals to the MSPB.