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Appeals Court Greenlights Trump to Remove Leaders from Key Independent Agencies

share-iconPublished: Saturday, March 29 share-iconUpdated: Saturday, March 29 comment-icon3 days ago
Appeals Court Greenlights Trump to Remove Leaders from Key Independent Agencies

Credited from: THEHILL

Key takeaways:

  • The D.C. Circuit Court of Appeals ruled 2-1 to permit President Trump to fire two Democratic officials from independent agencies.
  • Gwynne Wilcox of the National Labor Relations Board (NLRB) and Cathy Harris of the Merit Systems Protection Board (MSPB) were effectively removed, as lower court rulings were put on hold.
  • The ruling could reshape the operating structure of independent agencies and set a precedent for future removals.

A recent ruling by the D.C. Circuit Court of Appeals has cleared the course for President Trump to terminate members of the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB). This decision overturns earlier district court orders that had reinstated Gwynne Wilcox and Cathy Harris to their respective positions following their firings shortly after Trump's inauguration.

In a closely watched case, a three-judge panel delivered a 2-1 ruling confirming that the restrictions preventing the president from removing officials are unconstitutional. Judge Justin Walker, a Trump appointee, asserted, "The Government has also shown that it will suffer irreparable harm each day the President is deprived of the ability to control the executive branch," underscoring the executive branch's supremacy in personnel decisions. Judge Walker's opinion aligns with the Trump administration's push to enhance presidential authority over independent agencies, which traditionally function with greater autonomy.

The case represents a turning point, as Judge Patricia Millett, who dissented, argued that the majority’s reasoning jeopardizes the constitutional protections surrounding federal statutes that protect appointment terms for commissioners of multi-member boards, such as the NLRB and MSPB. She warned that the decision strips these agencies of their essential quorum, rendering them unable to operate effectively and leaving numerous workplace disputes unresolved.

The ruling's implications could extend far beyond the immediate decisions affecting Wilcox and Harris, as it signals a potential shift in how independent agencies across the federal government may be influenced by presidential politics. Observers are keenly aware that this legal development points toward ongoing challenges to the longstanding precedent established in the 1935 Supreme Court case, Humphrey's Executor, which outlined limits on presidential authority to remove officials from independent entities.

With many legal experts highlighting concerns regarding the future of independent agencies, the court's decision has raised alarms about the unprecedented degree of power it confers to the presidency. The matter is anticipated to escalate further, possibly reaching the Supreme Court, as claims challenging Trump’s firings of various independent agency members continue to unfold.

For additional details, please check the full reports by The Hill and NPR.

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