The U. S. Court of Appeals for the District of Columbia Circuit made a significant ruling confirming that the President has broad authority to remove heads of certain independent agencies like the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) without needing to show a specific cause. This ruling overturns previous congressional measures that protected agency leaders from dismissal.
1. Court Decision: A three-judge panel ruled 2-1 that President Donald Trump, and any future presidents, can dismiss NLRB and MSPB members without needing justification.
2. Judges’ Opinions: Circuit Judges Neomi Rao Katsas and Justin Walker, both appointed by Trump, wrote the decision, citing that Congress cannot limit the President’s power to fire principal officers who hold significant executive authority.
3. Background Cases: The ruling came from consolidated cases involving Cathy Harris, an MSPB member, and Gwynne Wilcox, an NLRB commissioner, who claimed they could only be dismissed for cause. Previous district court rulings sided with them, which the appeals court rejected.
4. Rejection of Independence Claim: The court argued that both the NLRB and MSPB execute key executive functions which justify their leaders being subject to presidential removal. The ruling highlighted:
• The NLRB’s ability to create regulations impacting collective bargaining.
• The agency’s role in making policy decisions rather than simply adjudicating disputes.
• The enforcement powers of the NLRB, including the ability to seek remedies directly in court.
5. Broader Powers of MSPB: The MSPB was noted to have even wider authority, including overturning federal agency actions and enforcing disciplinary measures against federal employees.
6. Supreme Court Precedents: The ruling was grounded in previous Supreme Court cases that reaffirmed the President’s necessary power to remove executive officials, suggesting these protected positions are unconstitutional.
7. Previous Reinstatement Orders: Earlier court decisions reinstated holdovers from the Biden administration, which the Appeals Court has mandated to be reconsidered due to their lack of constitutional support.
This ruling marks a critical shift regarding the powers of the President in relation to independent agency leaders. It eliminates important protective measures for bureaucrats, framing their roles as inherently linked to executive authority, which has significant implications for future administrations and their control over federal agencies.
https://www.thegatewaypundit.com/2025/12/huge-win-trump-appeals-court-rules-president-had/