In a landmark decision that significantly expands the scope of presidential authority, a federal appeals court ruled Friday that President Donald Trump may remove members of the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) at will, without requiring cause.
The 2-1 decision from a panel of the U.S. Court of Appeals for the D.C. Circuit reverses lower-court rulings that had blocked Trump’s attempts to fire members of the key labor and employment panels, including Biden appointees like NLRB member Gwynne Wilcox and MSPB Chair Cathy Harris. The ruling is a major victory for the administration’s long-standing effort to challenge the independence of federal agencies and consolidate executive power.
The majority opinion, penned by Trump appointees Judges Gregory Katsas and Justin Walker, rests on the principle that the President must have the power to remove executive officers who wield substantial executive power on his behalf.
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The judges cited the Supreme Court’s 2020 ruling, Seila Law LLC v. Consumer Financial Protection Bureau, which stated, “Congress may not restrict the President’s ability to remove principal officers who wield substantial executive power.” In that case, the Court found the single...
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