US court rules in favor of Trump's authority to dismiss Democrats from two federal labor boards

On Friday, a U.S. appeals court ruled that President Donald Trump has the authority to dismiss Democratic members from two federal labor boards, marking a significant win in his effort to exert greater control over agencies intended to operate independently of the White House.

The U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, determined that federal statutes protecting members of the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) from removal except for specific causes are unconstitutional.

This ruling overturned earlier decisions by two lower-court judges who had reinstated Cathy Harris to the MSPB and Gwynne Wilcox to the NLRB. The Supreme Court had previously issued a temporary stay on the lower court orders in May.

The NLRB resolves labor disputes in the private sector, while the MSPB handles appeals from federal employees who have faced disciplinary action or termination. Since the MSPB is often the primary legal avenue for federal workers, its composition could influence Trump's attempts to reshape the federal workforce.

Although members of both boards are presidential appointees, federal law had limited their removal to cases of inefficiency, neglect of duty, or misconduct. In January, Trump dismissed Harris and Wilcox without citing cause, a first in the history of these agencies. He has also removed multiple officials who would traditionally remain in place through a presidential transition, including members of other boards and inspectors general overseeing agency operations.

The Trump administration has argued that statutory protections for these officials interfere with the president's constitutional authority over the executive branch. The removal of Harris and Wilcox has left both boards unable to fully function, already strained by vacancies, and lacking sufficient members to issue rulings.

Currently, hundreds of cases are pending before the NLRB, and the MSPB has thousands of unresolved appeals since Trump assumed office. Legal observers note that eliminating removal protections could allow the president to exercise greater influence over federal regulation in areas such as trade, energy, antitrust, finance, and consumer safety.

Author: Caleb Jennings