A federal court’s novel proposal to rein in Trump’s power grab

Special offer: Save over 30% on a Vox Membership for a limited time. Join now to back independent journalism. President Donald Trump has effectively removed protections for federal civil servants by neutralizing the agencies responsible for implementing these safeguards. The Merit Systems Protection Board (MSPB) is unable to operate with the required quorum as Trump dismissed two members. Trump also ousted Hampton Dellinger, the former special counsel of the United States, who investigated violations of civil service protections and brought cases to the MSPB.

Due to these actions, the enforcement of laws safeguarding civil servants is halted, leaving federal workers vulnerable. The US Court of Appeals for the Fourth Circuit proposed a solution in the case of National Association of Immigration Judges v. Owen, suggesting that the courts should step in to hear cases of illegally fired civil servants if the MSPB is unable to function as intended.

The Supreme Court’s support of Trump’s actions is based on the “unitary executive” theory, allowing the president to dismiss top officials. The Fourth Circuit’s decision in Owen questions whether the MSPB losing its independence should also result in the loss of its exclusive authority over civil service disputes, potentially granting federal courts the power to handle such cases. This could significantly impact how the government operates and the protection of civil servants.

Trump’s actions risk undoing decades of civil service reforms and reverting the federal government to a less structured system. The Fourth Circuit’s decision may prompt the Supreme Court to consider the implications of dismantling long-standing protections for civil servants.