Controversial Firings at Independent Agencies Upheld by Court
In a notable legal decision, the D.C. Circuit Court of Appeals has endorsed the actions of President Trump in dismissing two members from independent federal agencies. This verdict, delivered with a 2-to-1 majority, asserts that the President acted within his rights, given the significant executive power these members held.
The timing of this decision is significant as it precedes a Supreme Court hearing on a related case scheduled for Monday.
The case was initiated by Cathy Harris, of the Merit Systems Protection Board (MSPB), and Gwynne Wilcox, of the National Labor Relations Board (NLRB), both Democrats. They were removed from their positions shortly after President Trump’s inauguration, without the standard justifications such as neglect of duty or misconduct.
The MSPB serves as an appellate body for federal personnel actions, while the NLRB addresses unfair labor practices and union-related disputes. Both boards consist of multiple presidential appointees confirmed by the Senate, serving staggered terms.
Originally, lower courts had reinstated the officials, referencing the 1935 Supreme Court case Humphrey’s Executor, which restricts presidential removal power over non-political, quasi-judicial, and quasi-legislative agency members.
The Trump administration contested this, leading to a Supreme Court emergency order in May, which allowed the firings to temporarily stand. The majority opinion emphasized the executive authority held by both the NLRB and MSPB.
Judge Gregory Katsas, appointed by Trump, emphasized the rulemaking authority and broad enforcement capabilities of these boards in the majority opinion issued by the D.C. Circuit. However, he avoided discussing the President’s potential reach over purely adjudicatory agencies or the Federal Reserve.
In a dissenting view, Judge Florence Pan, appointed by Biden, argued against the notion that these agencies hold substantial executive power. She cautioned against political influences overshadowing merit-based decisions within governmental agencies.
“We may soon be living in a world in which every hiring decision and action by any government agency will be influenced by politics, with little regard for subject-matter expertise, the public good, and merit-based decision-making,” she expressed in her dissent.
Merit Systems Protection Board member Cathy Harris (left) and National Labor Relations Board member Gwynne Wilcox (right) were fired by President Trump early this year. A panel of judges at the D.C. Circuit Court of Appeals says the firings were lawful. Mike Scarcella/Reuters; FM Archive / Alamy Stock Photo
This article was originally written by www.npr.org
