Case: Harris v. Bessent

1:25-cv-00412 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 11, 2025

Case Ongoing

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Case Summary

This case challenged the Trump Administration's termination of a member of the Merit Systems Protection Board. On February 11, 2025, Cathy Harris, a duly appointed/confirmed Member of the Merit Systems Protection Board (MSPB) filed this lawsuit in the United States District Court for the District of Columbia. She sued President Trump, the Secretary of Treasury, the Acting Chairman of the Merit System Protection Board, the Director of the Office of Management and Budget, and Director and Deputy …

This case challenged the Trump Administration's termination of a member of the Merit Systems Protection Board.

On February 11, 2025, Cathy Harris, a duly appointed/confirmed Member of the Merit Systems Protection Board (MSPB) filed this lawsuit in the United States District Court for the District of Columbia. She sued President Trump, the Secretary of Treasury, the Acting Chairman of the Merit System Protection Board, the Director of the Office of Management and Budget, and Director and Deputy Director of the White House Presidential Personnel Office to challenge her firing, which she alleged violated 5 U.S.C. § 1202, the Administrative Procedure Act, and the Separation of Powers. Represented by private counsel, the complaint sought declaratory and injunctive relief as well as attorney fees. Simultaneously with the complaint, the plaintiff also filed an emergency motion for temporary restraining order (TRO) to pause her firing.

The key precedent in the case is the 1935 case of Humphrey’s Executor v. United States, 295 U.S. 602 (1935), in which the Supreme Court held that the president lacked the authority to fire a member of the Federal Trade Commission whose tenure was protected by statute. In 2020, in Seila Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183 (2020), the Court cut back the Humphrey's Executor rule, holding that the statute protecting the CFPB's single director—allowing his removal only for “inefficiency, neglect of duty, or malfeasance in office" unconstitutionally infringed the President's exercise of "the Executive power."  But the Court expressly stated that Seila Law's holding did not reach for-cause removal protection for members of a multi-member commission, such as the MSPB.   

The case was assigned to District Judge Rudolph Contreras. On Feb. 18, Judge Contreras granted the TRO, ordering the plaintiff's restoration as Chair of the MSPB until the court ruled whether a preliminary injunction should issue--a hearing on that was set for March 3, 2025. 775 F.Supp.3d 86. On Feb. 20, the government filed a district court motion for a stay of this order; Judge Contreras rejected a stay. 2025 WL 2576527. The government appealed, but while the appeal was being briefed, Judge Contreras granted summary judgment and an injunction and declaratory judgment on March 4, 2025. 775 F.Supp.3d 164. The court declared that Plaintiff Cathy A. Harris remains a member of the Merit Systems Protection Board and ordered that she shall continue to serve as a member of the Merit Systems Protection Board until her term expires pursuant to 5 U.S.C. § 1202, unless she is removed earlier for inefficiency, neglect of duty, or malfeasance in office under that statute. It enjoined the defendants from treating the plaintiff as having been removed, denying or obstructing her access to any of the benefits or resources of her office, placing a replacement in her position, or otherwise recognizing any other person as a member of the Merit Systems Protection Board in Harris’s position.  ___ F.Supp. 3d ___, 2025 WL 679303.

This government immediately appealed, and the D.C. Circuit consolidated that appeal with the pending appeal of the Temporary Restraining Order; oral argument was held on March 18, 2025, before Judges Henderson, Millett and Walker. On March 28, 2025, each member of the panel issued a different opinion: Judges Walker and Henderson voted for granting the government's emergency motions for stay; Judge Millett dissented.  2025 WL 2576684. 2025 WL 980278.

The plaintiff sought en banc review and an administrative stay of the panel decision. On April 7, 2025, by a vote of 7-4, the en banc court of appeals vacated the panel’s stay, allowing the district court's injunction to take effect. 2025 WL 1021435. The court read the Supreme Court case of Humphrey's Executor v. United States, 295 U.S. 602 (1935), to establish the lawfulness of “removal restrictions for governmental officials on multimember adjudicatory boards.”  By a vote of 6-5, the court also denied the government’s request to stay the vacatur of the panel’s order for seven days to give the government time to seek Supreme Court relief.  2025 WL 1033740.

The government immediately sought a stay from the Supreme Court; Chief Justice Roberts granted an administrative stay on April 9. 2025 WL 1063917.  Then, on May 22, the Court granted a longer-lasting stay during the disposition of the case in the D.C. Circuit and any review in the Supreme Court. 145 S.Ct. 1415. Justice Kagan, joined by Justice Sotomayor and Justice Jackson, dissented.  The Court's unsigned majority opinion stated:

The stay reflects our judgment that the Government is likely to show that both the NLRB and
MSPB exercise considerable executive power. But we do not ultimately decide in this posture whether the NLRB or MSPB falls within . . . a recognized exception; that question is better left for resolution after full briefing and argument. 

___ S.Ct. ___, 2025 WL 1464804. 

Meanwhile, oral argument was held in the D.C. Circuit on May 16, 2025. On September 22, the Supreme Court notified the D.C. Circuit that it declined to grant certiorari prior to judgement.

On December 5, 2025, the D.C. Circuit Court reversed the District court's findings, ruling that Congress cannot restrict the President’s ability to remove NLRB or MSPB members. Circuit Judge Katsas wrote the opinion for the Court. Under Humphrey’s Executor v. United States, 295 U.S. 602 (1935), Congress may restrict the President’s ability to remove principal officers who wield only quasi-legislative or quasi-judicial powers.  But under Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. 197 (2020), Congress may not restrict the President’s ability to remove principal officers who wield substantial executive power. The Court found that the NLRB and MSPB wield substantial powers that are both executive in nature and different from the powers that Humphrey’s Executor deemed to be merely quasi-legislative or quasi-judicial. 

The Court reasoned that the MSPB had "substantial [executive] power" for the reasons that follow:

  1. The CSRA empowers the MSPB to promulgate regulations “for the performance of its functions,” 5 U.S.C. § 1204(h), and “for the purpose of section 7521,” id. § 1305. 
  2. The CSRA empowers the MSPB to promulgate regulations “for the performance of its functions,” 5 U.S.C. § 1204(h), and “for the purpose of section 7521,” id. § 1305. 
  3. The power to “unilaterally issue final decisions” is a significant executive power that was not present in Humphrey’s Executor.
  4. The MSPB has wide jurisdiction.
  5. The MSPB has a wide breadth of remedial authority.

Taking all of these together, the Court found that--because the MSPB has at least some substantive rulemaking power; it administers a host of wide-ranging federal statutes; it awards various kinds of affirmative, compensatory, and punitive relief; and it litigates in court on its own behalf--these powers well exceed the powers deemed to be quasi-legislative or quasi-judicial in Humphrey’s Executor and the powers vested in the War Claims Commission.  For these reasons, Congress may not restrict the President’s ability to remove MSPB members.

This case is ongoing.

Summary Authors

Alaa Mustafa (2/23/2025)

Clearinghouse (5/22/2025)

Jeremiah Price (7/30/2025)

Claire Pollard (12/6/2025)

Related Cases

Wilcox v. Trump, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69631849/parties/harris-v-bessent/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Attorney, Daniel J. (District of Columbia)

Attorney, Joshua Marc (District of Columbia)

Attorney, Michael S. (District of Columbia)

Expert/Monitor/Master/Other

Akerman, Martin (District of Columbia)

Ali, Kathryn Marshall

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Documents in the Clearinghouse

Document
2-1

1:25-cv-00412

Memorandum of Law in Support of Plaintiff’s Motion for a Temporary Restraining Order

Feb. 11, 2025

Feb. 11, 2025

Pleading / Motion / Brief
1

1:25-cv-00412

Complaint for Declaratory and Injunctive Relief

Feb. 11, 2025

Feb. 11, 2025

Complaint
6

1:25-cv-00412

Defendants’ Opposition to Plaintiff’s Motion for a Temporary Restraining Order

Feb. 13, 2025

Feb. 13, 2025

Pleading / Motion / Brief
7

1:25-cv-00412

Plaintiff's Reply in Support of Plaintiff's Motion for a Temporary Restraining Order

Feb. 14, 2025

Feb. 14, 2025

Pleading / Motion / Brief
9

1:25-cv-00412

Memorandum Opinion

Feb. 18, 2025

Feb. 18, 2025

Order/Opinion

775 F.Supp.3d 86

16

1:25-cv-00412

Defendants' Motion to Stay the Court's Temporary Restraining Order

Feb. 20, 2025

Feb. 20, 2025

Pleading / Motion / Brief
17

1:25-cv-00412

Opposition to Defendants' Motion to Stay Temporary Restraining Order

Feb. 20, 2025

Feb. 20, 2025

Pleading / Motion / Brief
18

1:25-cv-00412

Order

Feb. 20, 2025

Feb. 20, 2025

Order/Opinion

2025 WL 2576527

22

1:25-cv-00412

Plaintiff's Motion For Preliminary Injunction and Judgment on the Merits

Feb. 23, 2025

Feb. 23, 2025

Pleading / Motion / Brief
33

1:25-cv-00412

Defendants’ Opposition to Plaintiff's Motion for Preliminary Injunction and Motion for Judgment on the Merits

Feb. 28, 2025

Feb. 28, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69631849/harris-v-bessent/

Last updated Dec. 6, 2025, 3:57 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11473515) filed by CATHY A. HARRIS. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Summons Summons for Attorney General, # 4 Summons Summons for Scott Bessent, # 5 Summons Summons for Sergio Gor, # 6 Summons Summons for Henry Kerner, # 7 Summons Summons for Trent Morse, # 8 Summons Summons for Donald Trump, # 9 Summons Summons for USAO, # 10 Summons Summons for Vought)(Kator, Michael) Modified attorney on 2/12/2025 (znmw). (Entered: 02/11/2025)

1 Exhibit Exhibit A

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2 Civil Cover Sheet Civil Cover Sheet

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3 Summons Summons for Attorney General

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4 Summons Summons for Scott Bessent

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5 Summons Summons for Sergio Gor

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6 Summons Summons for Henry Kerner

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7 Summons Summons for Trent Morse

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8 Summons Summons for Donald Trump

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9 Summons Summons for USAO

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10 Summons Summons for Vought

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Feb. 11, 2025

Feb. 11, 2025

Clearinghouse
2

Emergency MOTION for Temporary Restraining Order by CATHY A. HARRIS. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A, # 3 Compliance Report, # 4 Text of Proposed Order)(Riggs, Kerrie) (Entered: 02/11/2025)

1 Memorandum in Support

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2 Exhibit Exhibit A

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3 Compliance Report

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4 Text of Proposed Order

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Feb. 11, 2025

Feb. 11, 2025

RECAP
3

NOTICE of Appearance by Linda Marie Correia on behalf of CATHY A. HARRIS (Correia, Linda) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

4

SUMMONS (8) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 02/12/2025)

Feb. 12, 2025

Feb. 12, 2025

Case Assigned/Reassigned

Feb. 12, 2025

Feb. 12, 2025

Case Assigned to Judge Rudolph Contreras. (znmw)

Feb. 12, 2025

Feb. 12, 2025

Notice of Error

Feb. 12, 2025

Feb. 12, 2025

.Order

Feb. 12, 2025

Feb. 12, 2025

Set/Reset Hearings

Feb. 12, 2025

Feb. 12, 2025

NOTICE OF ERROR regarding 2 Emergency MOTION for Temporary Restraining Order, 1 Complaint. Please note the following error for future filings: Invalid attorney signature- signature on document must match PACER login. Do not refile; future non-compliant documents may be entered in error. (znmw)

Feb. 12, 2025

Feb. 12, 2025

Order

Feb. 12, 2025

Feb. 12, 2025

MINUTE ORDER: Upon consideration of 2 Plaintiff's Motion for Temporary Restraining Order, it is hereby ORDERED that the parties shall appear for a hearing on the matter on February 13, 2025, at 3:00 p.m. in Courtroom 23A. It is FURTHER ORDERED that Plaintiff shall serve Defendants with a copy of this order immediately upon receipt. SO ORDERED. Signed by Judge Rudolph Contreras on 2/12/2025. (lcrc3)

Feb. 12, 2025

Feb. 12, 2025

Set/Reset Hearings: Motion Hearing set for 2/13/2025 at 03:00 PM in Courtroom 23A- In Person before Judge Rudolph Contreras. (tj)

Feb. 12, 2025

Feb. 12, 2025

5

NOTICE of Appearance by Madeline McMahon on behalf of All Defendants (McMahon, Madeline) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

6

Memorandum in opposition to re 2 Motion for TRO filed by SCOTT BESSENT, TRENT MORSE, SERGIO GOR, HENRY J. KERNER, DONALD J. TRUMP, RUSSELL T. VOUGHT. (McMahon, Madeline) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

Clearinghouse

Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 2/13/2025 re 2 Emergency MOTION for Temporary Restraining Order filed by plaintiff CATHY A. HARRIS Oral argument heard, and plaintiff shall file a reply to the government's opposition by 2/14/2025. The court takes the motion under advisement. (Court Reporter: Tim Miller) (tj)

Feb. 13, 2025

Feb. 13, 2025

Motion Hearing AND ~Util - Set/Reset Deadlines

Feb. 13, 2025

Feb. 13, 2025

NOTICE: The Court will provide public access to the motion hearing in this matter now scheduled for 2/13/2025 at 3:00pm before the Hon. Rudolph Contreras. Members of the public shall adhere to the rules set forth on the Court's website. Toll Free Number: (833) 990-9400; Meeting ID 698780857. (tj)

Feb. 13, 2025

Feb. 13, 2025

Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 2/13/2025 re 2 Emergency MOTION for Temporary Restraining Order filed by plaintiff CATHY A. HARRIS. Oral argument heard, and plaintiff shall file a reply to the government's opposition by 2/14/2025. The court takes the motion under advisement. (Court Reporter: Tim Miller) (tj)

Feb. 13, 2025

Feb. 13, 2025

7

REPLY to opposition to motion re 2 Motion for TRO filed by CATHY A. HARRIS. (Attachments: # 1 Exhibit Exhibit B)(Riggs, Kerrie) (Entered: 02/14/2025)

1 Exhibit Exhibit B

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Feb. 14, 2025

Feb. 14, 2025

Clearinghouse
8

ORDER granting 2 Motion for Temporary Restraining Order. See document for details. Signed by Judge Rudolph Contreras on 2/18/2025. (lcrc3) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

RECAP
9

MEMORANDUM OPINION granting 2 Motion for Temporary Restraining Order. See document for details. Signed by Judge Rudolph Contreras on 2/18/2025. (lcrc3)

Feb. 18, 2025

Feb. 18, 2025

Clearinghouse
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy Wright, Filing fee $ 100, receipt number ADCDC-11486595. Fee Status: Fee Paid. by CATHY A. HARRIS. (Attachments: # 1 Declaration Declaration of J.Wright, # 2 Text of Proposed Order Proposed Order)(Riggs, Kerrie) (Entered: 02/18/2025)

1 Declaration Declaration of J.Wright

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2 Text of Proposed Order Proposed Order

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Feb. 18, 2025

Feb. 18, 2025

RECAP
11

ERRATA Submission of Certificate of Good Standing by CATHY A. HARRIS re 10 Motion for Leave to Appear Pro Hac Vice,. (Riggs, Kerrie) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

RECAP

.Order

Feb. 18, 2025

Feb. 18, 2025

NOTICE OF ERROR regarding 10 Motion for Leave to Appear Pro Hac Vice: Attorney Name- Jeremy Wright. The following error(s) need correction: Pro Hac Vice motion must be accompanied by a Certificate of Good Standing issued within the last 30 days (LCvR 83.2(c)(2)). Please file certificate as an Errata. (lcrc3)

Feb. 18, 2025

Feb. 18, 2025

12

NOTICE of Appearance by Jeremy D. Wright on behalf of All Plaintiffs (Wright, Jeremy) (Entered: 02/19/2025)

Feb. 19, 2025

Feb. 19, 2025

13

Joint STATUS REPORT by CATHY A. HARRIS, SCOTT BESSENT, TRENT MORSE, SERGIO GOR, HENRY J. KERNER, DONALD J. TRUMP, RUSSELL T. VOUGHT. (Wright, Jeremy) (Entered: 02/19/2025)

Feb. 19, 2025

Feb. 19, 2025

RECAP

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Jeremy D. Wright is admitted to represent Plaintiff Cathy A. Harris pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civil Rule 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Rudolph Contreras on 2/19/2025. (lcrc3)

Feb. 19, 2025

Feb. 19, 2025

Set/Reset Deadlines/Hearings

Feb. 19, 2025

Feb. 19, 2025

Set/Reset Deadlines/Hearings: Motions due by 2/23/2025. Responses due by 2/28/2025 Replies due by 3/2/2025. Status Report due by 2/19/2025 Motion Hearing set for 3/3/2025 at 02:00 PM in Courtroom 23A- In Person before Judge Rudolph Contreras. (tj)

Feb. 19, 2025

Feb. 19, 2025

14

NOTICE OF INTERLOCUTORY APPEAL TO DC CIRCUIT COURT as to 8 Order on Motion for TRO by SCOTT BESSENT, TRENT MORSE, SERGIO GOR, HENRY J. KERNER, DONALD J. TRUMP, RUSSELL T. VOUGHT. Fee Status: No Fee Paid. Parties have been notified. (McMahon, Madeline) Modified event on 2/20/2025 (mg). (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

RECAP
15

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 14 Notice of Interlocutory Appeal to DC Circuit Court,. (mg) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

RECAP
16

MOTION to Stay re 8 Order on Motion for TRO Pending Appeal by SCOTT BESSENT, TRENT MORSE, SERGIO GOR, HENRY J. KERNER, DONALD J. TRUMP, RUSSELL T. VOUGHT. (McMahon, Madeline) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

Clearinghouse
17

RESPONSE re 16 MOTION to Stay re 8 Order on Motion for TRO Pending Appeal filed by CATHY A. HARRIS. (Wright, Jeremy) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

Clearinghouse
18

ORDER denying 16 Motion to Stay Temporary Restraining Order. See document for details. Signed by Judge Rudolph Contreras on 2/20/2025. (lcrc3) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

Clearinghouse

USCA Case Number 25-5037 for 14 Notice of Appeal to DC Circuit Court, filed by RUSSELL T. VOUGHT, DONALD J. TRUMP, SERGIO GOR, HENRY J. KERNER, TRENT MORSE, SCOTT BESSENT. (mg)

Feb. 20, 2025

Feb. 20, 2025

USCA Case Number

Feb. 21, 2025

Feb. 21, 2025

19

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Neal Kumar Katyal, Filing fee $ 100, receipt number ADCDC-11497771. Fee Status: Fee Paid. by CATHY A. HARRIS. (Attachments: # 1 Declaration Declaration of Neal Kumar Katyal, # 2 Exhibit Katyal Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Riggs, Kerrie) (Entered: 02/22/2025)

1 Declaration Declaration of Neal Kumar Katyal

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2 Exhibit Katyal Certificate of Good Standing

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3 Text of Proposed Order Proposed Order

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Feb. 22, 2025

Feb. 22, 2025

20

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nathaniel A.G. Zelinsky, Filing fee $ 100, receipt number ADCDC-11497772. Fee Status: Fee Paid. by CATHY A. HARRIS. (Attachments: # 1 Declaration Declaration of Nathaniel A.G. Zelinsky, # 2 Exhibit Zelinsky Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Riggs, Kerrie) (Entered: 02/22/2025)

1 Declaration Declaration of Nathaniel A.G. Zelinsky

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2 Exhibit Zelinsky Certificate of Good Standing

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3 Text of Proposed Order Proposed Order

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Feb. 22, 2025

Feb. 22, 2025

21

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ezra Louvis, Filing fee $ 100, receipt number ADCDC-11497773. Fee Status: Fee Paid. by CATHY A. HARRIS. (Attachments: # 1 Declaration Declaration of Ezra Louvis, # 2 Exhibit Louvis Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Riggs, Kerrie) (Entered: 02/22/2025)

1 Declaration Declaration of Ezra Louvis

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2 Exhibit Louvis Certificate of Good Standing

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3 Text of Proposed Order Proposed Order

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Feb. 22, 2025

Feb. 22, 2025

22

MOTION for Preliminary Injunction, MOTION for Judgment, MOTION for Permanent Injunction, MOTION for Summary Judgment, MOTION for Writ of Mandamus, MOTION for Declaratory Judgment by CATHY A. HARRIS. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Exhibit Declaration of Cathy A. Harris, # 4 Exhibit Termination Email)(Wright, Jeremy) (Entered: 02/23/2025)

1 Text of Proposed Order

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2 Statement of Facts

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3 Exhibit Declaration of Cathy A. Harris

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4 Exhibit Termination Email

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Feb. 23, 2025

Feb. 23, 2025

Clearinghouse
23

Consent MOTION for Leave to File Amicus Curiae Brief by CONSTITUTIONAL ACCOUNTABILITY CENTER. (Attachments: # 1 Appendix Proposed Amicus Curiae Brief, # 2 Text of Proposed Order)(Gorod, Brianne) (Entered: 02/24/2025)

1 Appendix Proposed Amicus Curiae Brief

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2 Text of Proposed Order

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Feb. 24, 2025

Feb. 24, 2025

RECAP
24

NOTICE of Appearance by Nathaniel Avi Gideon Zelinsky on behalf of CATHY A. HARRIS (Zelinsky, Nathaniel) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

25

NOTICE of Appearance by Ezra Louvis on behalf of CATHY A. HARRIS (Louvis, Ezra) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

MINUTE ORDER granting 19, 20, 21 Motions for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Neal K. Katyal, Nathaniel A.G. Zelinsky, and Ezra P. Louvis are admitted to represent Plaintiff Cathy A. Harris pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civil Rule 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Rudolph Contreras on 2/24/2025. (lcrc3)

Feb. 24, 2025

Feb. 24, 2025

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Feb. 24, 2025

Feb. 24, 2025

26

NOTICE of Appearance by Neal Kumar Katyal on behalf of CATHY A. HARRIS (Katyal, Neal) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

27

TRANSCRIPT OF TRO HEARING before Judge Rudolph Contreras held on 2-13-25; Page Numbers: 1-19; Date of Issuance: 2-26-25; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/19/2025. Redacted Transcript Deadline set for 3/29/2025. Release of Transcript Restriction set for 5/27/2025.(Miller, Timothy) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

28

NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy Samuel Bloch Newman on behalf of All Defendants Substituting for attorney Madeline M. McMahon (Newman, Jeremy) (Entered: 02/27/2025)

Feb. 27, 2025

Feb. 27, 2025

RECAP
29

NOTICE of Appearance by Jeffrey Paul DeSousa, I on behalf of STATE OF FLORIDA (DeSousa, Jeffrey) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

30

NOTICE of Appearance by Nathan Andrew Forrester on behalf of STATE OF FLORIDA (Forrester, Nathan) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

31

NOTICE of Appearance by Darrick Monson on behalf of STATE OF FLORIDA (Monson, Darrick) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

32

NOTICE of Appearance by David Costello on behalf of STATE OF FLORIDA (Costello, David) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

33

RESPONSE re 22 MOTION for Preliminary Injunction MOTION for Judgment MOTION for Permanent Injunction MOTION for Summary Judgment MOTION for Writ of Mandamus MOTION for Declaratory Judgment filed by SCOTT BESSENT, TRENT MORSE, SERGIO GOR, HENRY J. KERNER, DONALD J. TRUMP, RUSSELL T. VOUGHT. (Newman, Jeremy) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

Clearinghouse
34

AMICUS BRIEF by STATE OF FLORIDA. (DeSousa, Jeffrey) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

Clearinghouse
35

NOTICE of Appearance by Whitney D. Hermandorfer on behalf of STATE OF TENNESSEE (Hermandorfer, Whitney) (Entered: 03/01/2025)

March 1, 2025

March 1, 2025

36

NOTICE of Appearance by Joseph Fiorile on behalf of STATE OF TENNESSEE (Fiorile, Joseph) (Entered: 03/01/2025)

March 1, 2025

March 1, 2025

37

AMICUS BRIEF by STATE OF TENNESSEE. (Hermandorfer, Whitney) (Entered: 03/01/2025)

March 1, 2025

March 1, 2025

Clearinghouse
38

REPLY to opposition to motion re 22 Motion for Preliminary Injunction,, Motion for Judgment,, Motion for Permanent Injunction,, Motion for Summary Judgment,, Motion for Writ of Mandamus,, Motion for Declaratory Judgment, filed by CATHY A. HARRIS. (Wright, Jeremy) (Entered: 03/02/2025)

March 2, 2025

March 2, 2025

Clearinghouse

Minute Entry for proceedings held before Judge Rudolph Contreras: Hearing on the Motion for Preliminary Injunction 22 held on 3/3/2025. Oral argument heard, and the court takes the motion under advisement. (Court Reporter: Tim Miller) (tj)

March 3, 2025

March 3, 2025

39

ORDER granting 22 Plaintiff's Motion for Summary Judgment and granting declaratory and injunctive relief. See document for details. Signed by Judge Rudolph Contreras on 3/4/2025. (lcrc3) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

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40

MEMORANDUM OPINION granting 22 Plaintiff's Motion for Summary Judgment and granting declaratory and injunctive relief. See document for details. Signed by Judge Rudolph Contreras on 3/4/2025. (lcrc3) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

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41

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 39 Order on Motion for Declaratory Judgment, Order on Motion for Preliminary Injunction, Order on Motion for Judgment, Order on Motion for Permanent Injunction, Order on Motion for Summary Judgment, Order on Motion for Writ of Mandamus, 40 Memorandum & Opinion by SCOTT BESSENT, TRENT MORSE, SERGIO GOR, HENRY J. KERNER, DONALD J. TRUMP, RUSSELL T. VOUGHT. Fee Status: No Fee Paid. Parties have been notified. (Newman, Jeremy) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

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42

MOTION to Stay Court's Order Pending Appeal by SCOTT BESSENT, TRENT MORSE, SERGIO GOR, HENRY J. KERNER, DONALD J. TRUMP, RUSSELL T. VOUGHT. (Newman, Jeremy) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

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43

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 41 Notice of Appeal to DC Circuit Court,. (zjm) (Main Document 43 replaced on 3/4/2025) (zjm). (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

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44

RESPONSE re 42 MOTION to Stay Court's Order Pending Appeal filed by CATHY A. HARRIS. (Wright, Jeremy) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

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46

AMICUS BRIEF by CONSTITUTIONAL ACCOUNTABILITY CENTER. (mg) (Entered: 03/05/2025)

March 4, 2025

March 4, 2025

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MINUTE ORDER granting 23 Motion for Leave to File Amicus Brief: It is hereby ORDERED that the motion is GRANTED, and that the brief is DEEMED FILED. SO ORDERED. Signed by Judge Rudolph Contreras on 3/4/2025. (lcrc3)

March 4, 2025

March 4, 2025

USCA Case Number 25-5055 for 41 Notice of Appeal to DC Circuit Court, filed by RUSSELL T. VOUGHT, DONALD J. TRUMP, SERGIO GOR, HENRY J. KERNER, TRENT MORSE, SCOTT BESSENT. (mg)

March 4, 2025

March 4, 2025

45

ORDER denying 42 Motion to Stay Order Pending Appeal. See document for details. Signed by Judge Rudolph Contreras on 3/5/2025. (lcrc3) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

Clearinghouse

USCA Case Number

March 7, 2025

March 7, 2025

47

TRANSCRIPT OF HEARING ON PRELIMINARY INJUNCTION before Judge Rudolph Contreras held on 3-3-25; Page Numbers: 1-24; Date of Issuance: 3-20-25; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/10/2025. Redacted Transcript Deadline set for 4/20/2025. Release of Transcript Restriction set for 6/18/2025.(Miller, Timothy) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 11, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A confirmed member of the Merit Systems Protections Board.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President (Washington D.C.), Federal

Department of Treasury (Washington D.C.), Federal

Merit Systems Protection Board (Washington D.C.), Federal

Office of Management and Budget (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Appointments Clause

Separation of Powers

Other Dockets:

District of District of Columbia 1:25-cv-00412

U.S. Court of Appeals for the District of Columbia Circuit 25-05037

U.S. Court of Appeals for the District of Columbia Circuit 25-05055

Supreme Court of the United States 24-A-00966

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Position Restored

Preliminary relief granted

Issues

General/Misc.:

Staff (number, training, qualifications, wages)

Presidential/Gubernatorial Authority:

Civil Service