Presidential Removal Power and What It Means for MSPB Independence
civil service protections federal employment mindfulness at work mspb appeals presidential removal power Dec 08, 2025A divided D.C. Circuit decision on Friday did something federal employees can’t afford to overlook: it upheld the president’s ability to fire members of the Merit Systems Protection Board (MSPB) and the National Labor Relations Board (NLRB) without giving a reason. For agencies that are supposed to function as neutral referees, that shift matters.
MSPB is where federal employees turn to challenge removals, suspensions, and retaliation. NLRB is the backbone of labor and union protections. The court’s reasoning—that these boards exercise enough “executive power” to justify at-will removal—raises a real question: how independent can a referee be if the political branches can replace its members at any moment?
How This Affects Your Appeal Rights
Your statutory rights still exist. A removal must still be supported by substantial evidence; retaliation is still prohibited; due process still applies. But rights on paper are only half the story. The other half is who interprets and enforces those rights.
If MSPB members know they can be removed without cause, the incentive structure shifts. Independence becomes harder to maintain, and confidence that cases will be adjudicated free from political influence becomes harder to hold. For federal employees deciding whether to appeal a suspension or press a retaliation claim, that uncertainty can add a layer of anxiety to an already stressful process.
A Bigger Legal Landscape Is Unfolding
Friday’s ruling is one piece of a broader legal moment. Today, the Supreme Court is hearing arguments in a related case involving the firing of an FTC commissioner, and another major decision is expected in January. Taken together, these cases are testing the long-standing understanding that Congress may create independent boards with removal protections.
A mindful way to sit with this uncertainty is to distinguish fear from forecasting. The ground may be shifting, but nothing in these cases eliminates your underlying civil service protections. What is changing is the stability of the institutions that enforce them—and that’s where vigilance matters.
What Federal Employees Can Control Right Now
The takeaway isn’t to panic. It’s to prepare. Keep documentation. Know your deadlines. Take whistleblower and EEO protections seriously. If you are considering an appeal, factor in not just the merits of your case but the evolving landscape of who will decide it.
A Question Worth Sitting With
The core question raised by Friday’s decision is simple: does knowing that presidents can clear out MSPB and similar boards without cause change how safe you feel speaking up? Mindfulness encourages honest observation without judgment. Notice your reaction. Notice what, if anything, it shifts in how you plan to protect your career.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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