A federal judge ruled on Wednesday that it was illegal for President Trump to fire the head of the board of directors who resolve disputes between federal employees and the government.
US District Judge Sparkle Sooknanan's Supporting support Susan Grundman, Democrat-appointed committee chair of the Federal Labor Relations Agency (FLRA), is the latest to push back Trump's efforts to consolidate control over independent institutions in the expanded view of the president's power.
“The government's arguments are drawing with a wide range of brushes and threatening to overturn the fundamental protections of our constitution. But our arguments are not dictatorial regimes. It's a system of checks and balance,” writes Souknanan.
Federal law protects FLRA members like Grundmann from termination without any reason. The White House was not intended to acquire the cause when it fired Grunman in a two-sentence email last month, but instead argued that, as in other cases, removal protections were unconstitutional.
Souknanan refused to debate that argument under the long-standing Supreme Court precedent, effectively restoring Grandman for the remainder of her term unless the appeals court overturns the decision.
“Therefore, a candid reading of the Supreme Court precedent resolves the merits of this case,” wrote the judge, a former presidential appointee.
Legal experts believe that the case could ultimately be doomed to the High Court, which would have the power to overturn its own precedent. Some court conservatives have shown an eagerness to do so.
Wednesday's ruling came after another district judge who previously revived the chairman of the National Labor Relations Committee, Gwyn Wilcox, oversaw a dispute between non-federal employees and their employers. Another judge likewise returned Merritt Systems Protection Committee Chairman Kathy Harris to her post.
The dismissal lawsuit for the independent agency that filed the most distant lawsuit was a lawsuit filed by former US special advisor Hampton Dillinger, which ended abruptly after Dillinger dropped his legal challenge to the Court of Appeal in light of his dismissal.
“Another illegal act by the Trump administration has collapsed. This is an important victory for the American people,” Norm Eisen, a lawyer who has long fought Trump in court on behalf of Grundman.
Sooknanan's ruling also addressed recent hearings in the lawsuit, claiming that if the Justice Department claims it has no authority to enter injunctive relief resurrecting Grundmann, it is limited to the award of backpay. The judge questioned whether government representatives would be unable to rely on them if they found the president invaded Congressional authority.
“That's the government's position,” said DOJ lawyer Alexander Resal.
In her ruling, the judge stressed that the case was “a far from mere claim of job loss,” and instead was a “constitutional significance lawsuit.”
“The mail checks don't address the cemetery of this lawsuit, and that's probably why Grandman doesn't want it,” wrote Souknanan.
