Attorney General Bonta Files Amicus Brief in Support of Lawsuit Challenging Unlawful Removal of Cathy Harris from the Merit Systems Protection Board

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 23 attorneys general, announced the filing of an amicus brief in Harris v. Bessent in support of Cathy Harris, who is challenging President Donald Trump over her unlawful removal from the Merit Systems Protection Board (MSPB). The United States District Court for the District of Columbia issued an order in the case declaring that Chairperson Harris should remain a full member of the MSPB. The federal government appealed the Court’s decision, and the coalition of attorneys general today filed an amicus brief in full support of Chairperson Harris, who is opposing the federal government’s appeal of the district court’s order to reinstate the Chairperson to her position following her unlawful removal.

“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,” said Attorney General Bonta. “That’s why I, alongside attorneys general across the nation, fully support Chairperson Harris’ challenge of her unlawful removal and urge the Court to reinstate her position.”

The MSPB is an independent quasi-judicial body that protects federal merit principles and ensures that they are applied uniformly and fairly. Its primary role is to adjudicate appeals from federal employees who believe they have been subjected to unjust personnel actions, such as wrongful termination, demotion, or whistleblower retaliation. The Board also ensures that employment decisions are based on merit, free from political influence or discrimination.

In the amicus brief, the attorneys general strongly support the Chairperson’s opposition to the federal government’s appeal and highlight that the President’s removal is unlawful under the terms of the Civil Service Reform Act. Members of the board are only subject to removal for “inefficiency, neglect of duty, or malfeasance in office.” The attorneys general also underscore the importance of the MSPB, specifically in hearing the appeals of federal employees who may have been denied their employment rights in the federal civil service. Given the current challenges, the Board is particularly critical as thousands of federal employees are being fired under circumstances that may violate civil service protections. Yet without Chairperson Harris, the MSPB lacks a quorum and would effectively cease to operate.

Attorney General Bonta joins the attorneys general of 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 in filing this amicus brief.

A copy of the brief can be found here.