A Federal Mine Safety and Health Review Commission member filed a lawsuit Thursday against President Trump, arguing his firing was illegal and escalating the ongoing clash over the president's control of independent agencies.
Moshe Marvit, a workers' rights attorney appointed by former President Biden, said his termination notice gave no reason for his removal. Federal law allows the president to dismiss mine safety commissioners before their six-year term ends only for “inefficiency, neglect of duty, or malfeasance in office.”
“Congress gave the President the authority to remove commissioners in a delimited set of circumstances,” Marvit’s lawsuit states. The suit was filed in federal court in Washington, D.C., and assigned to U.S. District Judge Royce Lamberth, a Reagan appointee.
Trump has maintained he has broad constitutional authority to fire most executive branch officials, an expansive interpretation of presidential power. His Justice Department has argued that similar removal protections at other independent agencies violate the separation of powers. The Supreme Court is set to rule on this issue soon, in a case involving Trump’s dismissal of a Federal Trade Commission member, with a decision expected by early summer.
Marvit joins roughly a dozen other fired leaders of independent agencies who have filed similar lawsuits and are awaiting that ruling. White House spokeswoman Taylor Rogers said in a statement, “The President has acted within his constitutional authority to remove members of the Federal Mine Safety and Health Review Commission.”
According to the suit, Marvit received his termination via email on May 1 from a Trump aide. The email read in full: “On behalf of President Donald J. Trump, I am writing to inform you that your position as Federal Mine Safety and Health Review Commissioner is terminated, effective immediately. Thank you for your service.” Marvit said his government cellphone access was cut off shortly after, and the commission laid off staff over the weekend.
The lawsuit is the latest front in a broader battle over presidential power that has seen Trump's Iran peace plan spark fury among conservative allies and raised questions about the administration's handling of independent agencies. Critics argue the firings undermine the rule of law and the independence of regulatory bodies.
Legal experts say the Supreme Court's upcoming decision could reshape the balance of power between the presidency and independent agencies. Until then, the fired commissioners remain in legal limbo, their cases consolidated in the courts.
