Judge Contreras relied on a very shaky 1935 precedent called Humphrey’s Executor v. United States. This precedent established the, in my view, unconstitutional and un-republican plethora of "independent" boards and commissions that carry out executive functions but aren't answerable to the guy in whom the "executive Power" of the United States is "vested." Recent cases have held that any commission holding anything other than an advisory capacity must be controlled by the President; how the MSPB's role in adjudicating employment disputes will be viewed is unknown.
This case is headed to the DC Circuit and the Supreme Court. Another similar case, that of Special Counsel Hampton Dellinger, is at the Supreme Court; Trump Sends Scorching Appeal of DC Court Order Reinstating Biden Appointee to the Supreme Court – RedState. In that case, Trump fired Dellinger, who had the same legal protections as MSPB judges. A judge ordered Dellinger reinstated, and the Supreme Court will get Dellinger's response to the government's objections at 2 p.m. Wednesday.
An article worth your time.
