The coalition led by Attorney General Charity Clark is actively supporting federal Merit Systems Protection Board (MSPB) member Cathy A. Harris in a legal battle against her purported removal by former President Donald Trump. This coalition of 23 attorneys general has submitted an amicus brief in the case, Harris v. Bessent, which is currently before the United States Court of Appeals for the District of Columbia Circuit.
The MSPB, an independent agency created by Congress, plays a critical role in safeguarding merit system principles and mediating disputes between federal employees and government agencies. The law protects MSPB members from removal except under specific circumstances such as "inefficiency, neglect of duty, or malfeasance in office." Despite these protections, President Trump allegedly removed Harris from her position "effective immediately" without stating a reason, as of February 10, 2025.
A U.S. District Court for the District of Columbia previously ruled in favor of Harris, granting her a permanent injunction to remain in her role. The Trump Administration has since appealed this decision. In response, Attorney General Clark and her fellow attorneys general are arguing against what they describe as a political attack on the function and independence of agencies like MSPB.
Attorney General Clark, through the amicus brief, upholds that protecting civil servants against “arbitrary action, personal favoritism, or coercion for political purposes” is a fundamental aspect of the merit principles enforced by MSPB. "The states of this nation rely on the ability of independent agencies, such as the MSPB, to fairly and impartially carry out their congressionally mandated functions," Clark stated. Political interference with an agency's composition, she argues, could destabilize the merit system that underpins the civil service.
The brief involves other attorneys general from states including Arizona, California, Colorado, Connecticut, and several others, representing a widespread opposition to the alleged political interference.
More details on the brief are publicly available for review.