The Trump administration is arguing before the Merit Systems Protection Board (MSPB) that it has constitutional authority under Article II to fire federal employees at will, challenging decades of civil service protections codified in the 1978 Civil Service Reform Act. These protections require agencies to provide notice, cause, and an opportunity to respond before terminations. The administration has already dismissed numerous employees without cause, including Liz Oyer, the former top pardon attorney, who claims she was fired for refusing to restore actor Mel Gibson’s gun rights and is asserting whistleblower protections. Justice Department attorneys argue that Oyer’s dismissal is constitutional, rendering case facts irrelevant, and seek to limit discovery. The administration classifies affected employees as “inferior officers” under the Constitution, subject to presidential removal authority, as seen in cases like Oyer’s and Mary Comans, former FEMA CFO. Oyer’s attorney, Jim Eisenmann, suggests the administration aims to broadly expand at-will firings. The Office of Personnel Management’s intervention could escalate the case to the federal circuit or Supreme Court, potentially reshaping federal employment law. The administration’s new “Schedule Policy/Career” classification could enable firing up to 50,000 policy-related workers. The MSPB judge has ordered new filings by August 15, 2025, with Oyer able to appeal an unfavorable ruling directly to the federal circuit due to MSPB’s lack of quorum.
https://www.govexec.com/management/2025/07/trump-admin-tells-judge-it-can-fire-least-some-career-feds-any-time-any-reason/406797/
