Prof. Nicholas Bednar ’16 Quoted by Washington Post About Trump Administration Attempting to Stop Fired Federal Workers’ Appeals

Professor Nicholas Bednar ’16 was quoted by the Washington Post about the Trump administration attempt to quash fired federal workers’ appeals to the Merit Systems Protection Board (MSPB) by arguing that the independent, quasi-judicial agency must follow Justice Department guidance in how workers’ complaints are decided. The new legal maneuver could test the independence of the board, which reviews federal employees’ appeals of personnel actions taken by the government. The administration’s argument comes after an administrative judge agreed with two fired immigration judges, who said they were not given due process in their dismissals. The administration responded that for-cause removal protections for civil service employees do not outweigh the constitutional powers of the president. Prof. Bednar said, “The Trump administration’s efforts to assert control over the interpretations of the MSPB is alarming because the MSPB needs some degree of independence from the executive branch to fairly adjudicate the claims brought by federal employees.”