In a recent development in Washington, the Supreme Court has temporarily allowed the Trump administration to dismiss two board members from independent agencies, reflecting the court’s leanings toward President Donald Trump’s initiative to expand his power over hiring and firing decisions. Chief Justice John Roberts issued an order that halts a decision from a federal appeals court in Washington, which had previously reinstated the two women to their positions. These board members were involved with agencies dealing in labor issues, one of which plays a critical role as Trump moves to significantly reduce the federal workforce.
The responsibility for emergency appeals in the nation’s capital lies with Roberts, who has now sought input from the board members, Gwynne Wilcox of the National Labor Relations Board (NLRB) and Cathy Harris of the Merit Systems Protection Board, with a response expected by the beginning of next week. The reasoning behind Roberts’ suspension of the appellate ruling is unclear, though it could suggest the justices believe the appellate decision may be flawed.
The core issue for the Supreme Court justices to resolve is whether Wilcox and Harris, initially appointed by President Joe Biden, a Democrat, can maintain their posts during a broader legal contest that questions the viability of a Supreme Court decision dating back 90 years – known as Humphrey’s Executor. The landmark 1935 ruling established that presidents lack the authority to dismiss members of independent boards without just cause. This decision has long irritated conservative scholars who argue it unnecessarily limits presidential power.
Roberts, a member of the Supreme Court’s current conservative majority, was part of the group that scaled back the ruling in 2020. The Supreme Court now has the potential to either further reduce its scope or abandon it altogether shortly. In the administration’s plea for emergency action, there is a push for the justices to address the larger question of presidential authority. The court might schedule a special session in May to hear arguments, with a potential ruling by early summer, according to the Solicitor General, D. John Sauer.
The U.S. Court of Appeals for the District of Columbia Circuit decided 7-4 in favor of reinstating Wilcox and Harris while their cases progress, overturning a previous ruling by a three-judge panel that had backed the firings. The absence of Wilcox left the five-member NLRB without a quorum for decision-making. Her historic appointment in 2021 marked the first time an African American woman served on the NLRB in its 90-year timeline, and she began a new five-year term confirmed by the Senate in September 2023.
The board that oversees federal workforce disputes could pose significant challenges as the administration plans workforce reductions. The reinstatement of its members, according to Sauer, presents “grave and irreparable harm” to presidential authority and constitutional governance. He contended that Harris and Wilcox could be dismissed “at will” by the president. However, in lower court proceedings, Wilcox’s legal team argued that her removal required notification, a hearing, and specific charges of “neglect of duty or malfeasance in office.”
This legal confrontation may hint at an impending challenge, with Wilcox’s attorneys asserting that the administration’s “only path to victory” lies in persuading the Supreme Court to adopt a broader interpretation of presidential power.