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Merit Systems Protection Board
Independent agenciesFor-cause removal
At a glance
Type
Independent agencies
Removal of leadership
Removable only for cause
Appointed by
Members appointed by the President, confirmed by the Senate
Structure
3-member commission · led by the Chairman
Term
7-year term · staggered · party-balanced
Funding
Annual appropriations
Independence
Independent
Statutory for-cause protection under 5 U.S.C. 1202(d) (removal only for inefficiency, neglect of duty, or malfeasance in office). Currently contested: President Trump removed member Cathy Harris without cause (Feb 2025); the Supreme Court stayed her reinstatement in Trump v. Wilcox (May 2025), and a D.C. Circuit panel held on Dec 5, 2025 that the for-cause protection is unconstitutional for officers wielding substantial executive power. Harris filed a cert petition (~March 2026) arguing MSPB is a 'purely adjudicative' body protected by Wiener v. United States, distinct from the Humphrey's Executor agencies at issue in Trump v. Slaughter; the issue remains unresolved by the Supreme Court.
What it does
The Merit Systems Protection Board is an independent, quasi-judicial agency that protects the federal civil service against unlawful or politically motivated personnel actions. It hears appeals from federal employees who challenge firings, demotions, and other adverse actions, and it adjudicates whistleblower-protection and prohibited-personnel-practice claims. Its decisions cover most of the federal executive-branch workforce.
LaborJusticeEthics
How it fits
Created by Congress under the Civil Service Reform Act of 1978 (Pub. L. No. 95-454; 5 U.S.C. ch. 12 (5 U.S.C. 1201-1206)), it acts within the authority that statute grants. Its actions are subject to judicial review and to congressional oversight and funding.
Recent actions
Agency Information Collection Activities: Renewal With Change of a Currently Approved Information Collection; Comment Request
Determining the Appropriate Penalty for Federal Employees Charged With Misconduct
Agency Information Collection Activities; Renewal of a Currently Approved Information Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
Appellate Jurisdiction Update II
Promoting Employee Accountability
Agency Information Collection Activities: Renewal of a Currently Approved Information Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
Appellate Jurisdiction Update
Practices and Procedures