President Donald Trump may have another path to downsize the federal workforce thanks to a decision by an independent agency meant to shield the civil service.
The Merit Systems Protection Board issued a ruling last week on the Justice Department’s termination of two immigration judges, Brandon Jaroch and Megan Jackler. The board’s opinion accepted an argument by the Trump administration that the attorney general has constitutional authority to fire certain employees and thus the board itself no longer has jurisdiction over their appeals.
The ruling could further erode job protections not just for employees at Justice but workers across the government if their own agencies make similar claims before the board.
“It opens the door for more employees to be removed at will without having due process rights,” Michael Fallings, a managing partner at law firm Tully Rinckey, said about the MSPB ruling. “The president could determine who he can fire and who he cannot.”
