D.C. appeals court supports dismissal of independent agency Democrats

The U.S. Court of Appeals for the District of Columbia has ruled in favor of President Donald Trumps bid to dismiss Democratic members from two federal labor agencies without specific cause. On Friday, a divided three-judge panel overturned previous lower-court decisions that had blocked the removal of Cathy Harris from the Merit Systems Protection Board (MSPB) and Gwynne Wilcox from the National Labor Relations Board (NLRB). The lower courts had held that statutory protections limited dismissals to reasons such as neglect of duty or malfeasance in office.

The appeals court majority concluded that Congress cannot restrict the Presidents ability to remove NLRB or MSPB members due to the significant executive authority exercised by these agencies. The MSPB oversees complaints from federal employees with civil service protections, while the NLRB resolves labor disputes in the private sector.

Judge Gregory Katsas authored the majority opinion, joined by Judge Justin Walker, both appointees of Trumps first term. Dissenting, Judge Florence Pan, appointed by President Biden, cautioned that the decision concentrates excessive power in the President and risks paving the way to autocracy.

Harris and Wilcox have been kept off their respective boards during litigation, following a Supreme Court indication in May that the Trump administration likely had the authority to remove them. While Fridays ruling does not immediately change their status, it represents a legal victory for the White House in its efforts to increase influence over independent agencies.

The Supreme Court is scheduled to hear arguments on Monday regarding Trumps removal of a Biden-appointed Federal Trade Commission member, challenging a longstanding precedentHumphreys Executorthat allowed certain agencies to maintain independence from the White House. Conservative justices appear open to reconsidering this decision, which had upheld Congresss ability to grant agencies limited autonomy.

The appeals court majority noted the potential for the Supreme Court to revisit Humphreys Executor, but maintained the precedent in concluding that the NLRB and MSPB operate beyond the narrowly defined administrative powers previously considered quasi-legislative or quasi-judicial.

Separately, Trump has attempted to remove Federal Reserve Board member Lisa Cook. The Supreme Court has suggested the Fed may be treated differently, and Trump has argued that Cooks dismissal was for cause related to mortgage fraud allegations she denies, making this case distinct from the other removals this year.

Author: Connor Blake