A federal appeals court has ruled that President Donald Trump cannot remove Democratic members from two federal labor boards. This decision, made by the U.S. Court of Appeals for the District of Columbia Circuit, overturns an earlier ruling and adds more challenges to Trump’s attempts to exert control over independent federal agencies.
On Monday, the full D.C. Circuit court voted 7-4 to reinstate two lower court decisions that protect the positions of Gwynne Wilcox on the National Labor Relations Board (NLRB) and Cathy Harris on the Merit Systems Protection Board. These rulings confirm that federal law prevents the president from dismissing members of these boards without cause.
White House spokesperson Harrison Fields defended Trump’s actions, stating that the Constitution grants the president the authority to remove officials who carry out his executive power. He also indicated that the administration plans to appeal the court’s decision, expressing confidence that they will ultimately prevail.
This case is significant because it may reach the U.S. Supreme Court, which could reconsider a long-standing ruling from 90 years ago that upheld limits on presidential removal powers over officials in multi-member agencies. Such a decision could have far-reaching effects on various agencies, including the Federal Reserve, which operates independently from the White House.
Harris commented that this ruling restores balance to the Constitution, noting that previous presidents respected the removal protections established by Congress for labor board members. Wilcox’s attorney, Deepak Gupta, emphasized that the decision supports the rights of workers and maintains the independence of agencies like the NLRB.
The NLRB is responsible for handling cases involving illegal labor practices between private-sector employers and unions, while the Merit Systems Protection Board addresses appeals from federal employees facing disciplinary actions. The recent surge in cases, with over 8,400 appeals filed since Trump took office, underscores the importance of these boards in upholding workers’ rights.
Trump’s administration had previously acknowledged breaking the law by firing Wilcox and Harris shortly after he assumed office, marking the first time a president had taken such action against members of these boards. The administration argued that the protections against removal were unconstitutional.
The D.C. Circuit’s recent ruling comes after a split decision from a three-judge panel that had temporarily paused the enforcement of the lower court’s rulings. The dissenting judges, all appointed by Republican presidents, believed the removal protections likely infringed upon Trump’s executive powers. However, the majority opinion cited Supreme Court decisions from 1935 and 1958 that affirmed the validity of such protections for officials who primarily adjudicate individual cases rather than those who set broad policies.
The judges who voted to uphold the removal protections were all appointed by Democratic presidents, highlighting the political divide in the court’s decisions. This ruling not only reinforces the independence of the NLRB and the Merit Systems Protection Board but also signals a potential shift in the balance of power between the presidency and independent federal agencies.