In a significant legal development, two board members previously dismissed by former President Donald Trump are set to reclaim their positions, thanks to a split decision by an appeals court. This ruling comes as the stage is set for a potential Supreme Court battle concerning the extent of presidential authority over independent agencies.
The judgment, delivered by the appeals court in Washington, D.C., was a 7-4 decision concerning the lawsuits of two women who were terminated from labor-related agencies. These agencies play crucial roles, particularly one involved with the federal workforce that Trump had plans to significantly reduce.
The court’s decision heavily leans on a historical precedent from a nearly century-old Supreme Court ruling, known as Humphrey’s Executor, which asserts that presidents do not have the authority to dismiss independent board members without just cause. However, this precedent has long been contentious, especially among conservative legal scholars who believe it unjustly limits presidential power. With the current conservative-leaning Supreme Court, there is speculation that this ruling might be overturned.
In the majority opinion, the court underscored that appellate courts must adhere to existing Supreme Court rulings until such time as the Supreme Court itself revises or overturns those decisions. Notably, all members of the majority have been appointed by Democratic presidents, while the dissenters are Republican appointees, including three chosen by Trump.
The vote was much closer, at 6-5, regarding whether to halt the decision temporarily to allow the Trump administration to seek immediate intervention from the Supreme Court. Although this ruling does not constitute a final judgment on the case’s legal merits, it overturns a previous decision by a three-judge panel from the same appellate court that had sanctioned the dismissals.
Joe Biden, during his presidency, had nominated both of the dismissed board members. Cathy Harris, part of the Merit Systems Protection Board, plays an essential role in adjudicating federal worker disputes—a critical function as the Trump administration considered extensive federal workforce reductions. Meanwhile, Gwynne Wilcox, who was on the National Labor Relations Board, had a pivotal position, with the five-member board unable to form a quorum following her dismissal.
The government’s legal team contended that Trump possessed the right to remove both board members, asserting that maintaining Wilcox’s position harms the separation of powers and diminishes the president’s constitutional authority. They also claimed that members like Harris could be removed “at will.”
Wilcox’s legal representatives argued that her dismissal lacked due process, alleging there was no notification, hearing, or evidence of “neglect of duty or malfeasance in office.” They suggested that the Trump administration’s success lay with potentially convincing the Supreme Court to support a broader interpretation of presidential power.
Significantly, Wilcox marked her place in history as the first Black woman on the five-member board in its long-standing history of 90 years. She was initially appointed by Biden in 2021 and recently confirmed by the Senate for a second term set to span five years as of September 2023.