Federal court grants Trump authority to dismiss federal appeals board officials at will
Supreme Court Allows President Trump's Firings of MSPB and NLRB Members to Stand
In a significant development, the Supreme Court of the United States has allowed President Trump's firing of Merit Systems Protection Board (MSPB) member Cathy Harris and National Labor Relations Board (NLRB) member Gwynne Wilcox to remain in effect. This decision breaks a 90-year precedent that protected independent boards from having members serve at the pleasure of the president.
The central board's lack of a quorum is causing a surge in cases due to Trump's mass removals of government workers. Despite this, the majority of the Supreme Court justices believe Harris' dismissal was likely lawful. The court's decision affirms MSPB's status without a quorum on its central board.
Harris and Wilcox have argued that their firings are unlawful, citing the Humphrey's Executor, a 1935 Supreme Court decision, which found that the president does not have unfettered authority to remove officials on multimember, quasi-judicial bodies. However, the majority of the Supreme Court believes the government faces greater potential harm from Wilcox and Harris continuing to serve in their roles than those individuals face from being unable to perform their duties.
Justice Elena Kagan, in a dissenting opinion, signed by the three liberal-leaning members of the court, described the majority opinion as "extraordinary" and suggested the court's rush to intervene in the case indicates how it will eventually rule on the full merits of the case. Kagan also mentioned that the majority's decision is circumventing the usual process for overturning longstanding precedent.
It is worth noting that this latest ruling was made after a majority of all judges on the U.S. Court of Appeals for D.C. Circuit had ruled in favor of Harris and Wilcox on a temporary basis last month. The court will not rule on the full merits of the case until the U.S. Court of Appeals for the D.C. Circuit issues its full opinion.
The pair of MSPB and NLRB members have gone through multiple rounds of firings and rehirings due to court rulings. Administrative judges at the regional level can still issue initial rulings, but appeals to the central board will remain unresolved until a quorum is restored.
The Supreme Court believes the National Labor Relations Board and MSPB exercise considerable executive power, making them subject to at-will dismissals at the whims of the president. This decision has raised concerns about the independence of these boards and the potential for political interference in their decision-making processes.
The latest ruling is a significant step in the ongoing legal battle between President Trump and these two board members. The case is expected to have far-reaching implications for the future of independent boards and the balance of power between the executive and judicial branches of government.
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