Biden-Appointed Mine Safety Commissioner Sues Trump After Being Removed From Post

Moshe Marvit, a commissioner on the Federal Mine Safety and Health Review Commission appointed by former President Joe Biden, sued President Donald Trump on Thursday over his dismissal from the independent agency. Court filings state that Marvit received no explanation for his May 1 removal even though federal law permits removal of commissioners before the end of their six-year terms only for inefficiency, neglect of duty, or malfeasance in office.

His term had been set to expire in 2028.

The lawsuit argues that Trump exceeded his constitutional authority by removing officials from independent agencies without cause. It states that Trump’s removal of Marvit violated both federal law and multiple sections of the Constitution. "The Constitution empowers Congress to set reasonable limitations on the removal of the heads of independent agencies and it does not confer on the President an authority to violate Congress’s scheme," the filing states.

’" Marvit was confirmed by the Senate in June 2022. He served as a commissioner on the Federal Mine Safety and Health Review Commission, an independent body that provides trial and appellate review of disputes stemming from Mine Safety and Health Administration enforcement actions.

Marvit received an email sent to both his work and personal accounts that read: “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.

” Within minutes of receiving the email, Marvit lost access to all agency networks. Within an hour, his government-issued cellphone was placed into lost phone mode.

The commission later announced layoffs affecting additional staff. Washington Examiner reported that the Trump administration is already facing multiple legal challenges over the firing of government officials from independent agencies. Under the Supreme Court’s decision in Humphrey’s Executor v.

United States, presidents cannot remove independent agency officials over policy disagreements and may dismiss them only for inefficiency, neglect of duty, or malfeasance in office. The legal fight comes as the Supreme Court is expected to issue a decision in Trump v. Slaughter in the coming weeks.

That case tests whether Trump’s firing of a Federal Trade Commission member was constitutional.