California Attorney General Rob Bonta has announced that he, along with a coalition of 23 attorneys general, has filed an amicus brief in the case of Harris v. Bessent. The brief supports Cathy Harris, who is challenging her removal by President Donald Trump from the Merit Systems Protection Board (MSPB). The United States District Court for the District of Columbia previously ordered that Chairperson Harris should remain a full member of the MSPB. The federal government has appealed this decision, prompting the attorneys general to file a brief in support of Harris' reinstatement.
Attorney General Bonta stated, "With the President’s continuous attacks on workers’ rights, the Merit Systems Protection Board's work to safeguard the rights of federal employees is now more critical than ever. Any attempt to undermine the Board’s statutory protections threatens the integrity of the federal workforce and the ability of career public servants to do their jobs, free from political interference."
The MSPB functions as an independent quasi-judicial body that upholds federal merit principles. It adjudicates appeals regarding unjust personnel actions, such as wrongful termination or whistleblower retaliation, ensuring that employment decisions are based on merit and free from discrimination.
The amicus brief contests the federal government’s appeal and argues that the President’s removal of Harris is unlawful under the Civil Service Reform Act. According to this Act, MSPB members can only be removed for "inefficiency, neglect of duty, or malfeasance in office." The brief emphasizes the MSPB's role, particularly during times when many federal employees face potentially unlawful terminations. Without Harris, the MSPB lacks a quorum, risking its operational shutdown.
Attorney General Bonta's participation in the amicus brief is alongside attorneys general from Arizona, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
More details on the brief can be accessed through the appropriate channels.