Appeals Court Supports Trump’s Firings of MSPB and NLRB Members
A recent ruling by a three-judge panel has confirmed that President Trump’s firings of Democratic members from two independent agencies, Cathy Harris and Gwynne Wilcox, were lawful. The decision by the D.C. Circuit Court of Appeals was split 2-to-1.
This ruling comes as the Supreme Court is preparing to hear a case on the *Humphrey’s Executor* decision, a 90-year-old precedent that restricted presidential power in removing members of independent agencies. In the original 1935 ruling, the Court stated that commissioners could only be removed for misconduct, establishing a limit on presidential authority.
Judges Gregory Katsas and Justin Walker argued that Harris and Wilcox were not protected by this ruling. They claimed that the Merit Systems Protection Board (MSPB) and the National Labor Relations Board (NLRB) hold significant executive powers. As such, Congress cannot limit the president’s ability to remove their members.
“The powers of the NLRB and MSPB are executive in nature,” they stated, suggesting that these roles differ from those deemed quasi-legislative or quasi-judicial by courts in the past.
Judge Florence Pan, the dissenting opinion, cautioned against this broad view of executive power. She emphasized the importance of maintaining agency independence to prevent political influence on public service decisions. “This could mean every hiring decision is influenced by politics, sidelining expertise and merit-based practices,” she warned.
The MSPB is tasked with handling appeals from federal employees alleging unfair practices, while the NLRB investigates labor law violations and supervises union elections. Traditionally, both boards feature members from various political parties to ensure balance.
Trump removed both Harris and Wilcox early in his presidency without providing specific reasons. They contested their removals, citing a federal law that protects their positions from political interference. A lower court first ruled against Trump, but that decision was overturned by the Supreme Court earlier this year, allowing the firings to stand.
In that decision, the Supreme Court hinted that both the NLRB and MSPB exert considerable executive power, implying that restrictions on presidential removals may be unconstitutional. The recent appeals court ruling echoes this sentiment.
Looking ahead, the Supreme Court is set to hear arguments regarding Trump’s firing of Rebecca Slaughter from the Federal Trade Commission. This case could further shape the discussion around the independence of federal agencies and presidential power.
With ongoing debates about executive authority, the implications of this ruling could have lasting effects on the structure and function of independent agencies.
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