Court rules Trump has authority to dismiss members of multiple boards

Dec. 5 A federal appeals court has determined that U.S. presidents have the authority to dismiss members of the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) at their discretion. The ruling was issued Friday by a three-judge panel at the U.S. Court of Appeals for the District of Columbia, which decided 2-1 that positions on these boards are considered at-will and can be terminated without specific cause.

This decision reverses previous lower court rulings that had blocked President Donald Trump from removing members from both boards. The court emphasized that Congress cannot limit the presidents ability to remove officials who hold significant executive authority, referencing the 2020 Seila Law LLC v. Consumer Financial Protection Bureau case.

The judges clarified that prior rulings involving board removals did not apply to the NLRB and MSPB, as these boards hold executive powers distinct from those addressed in the 1935 Humphrey's Executor case, which established removal protections for certain officials. Congress cannot restrict the president's ability to remove NLRB or MSPB members, wrote Judge Gregory Katsas in the majority opinion, joined by Judge Justin Walker.

The NLRB is responsible for adjudicating labor relations issues, while the MSPB handles appeals from federal employees.

Dissenting, Judge Florence Pan argued that the ruling undermines the independence of traditional multi-member expert agencies. It appears that no independent agencies may lawfully exist in this country, Pan stated, noting that the decision could place around 33 previously independent agencies under direct presidential control.

The case arose from the removal of former NLRB member Gwynne Wilcox, the first Black woman to serve on and chair the NLRB, and MSPB member Cathy Harris in February. Wilcoxs term was set to expire in 2028, but she was dismissed on Jan. 27, leaving the NLRB without the quorum necessary to decide cases. Harriss term on the MSPB was also scheduled to run through 2028.

Author: Connor Blake