A divided D.C. Circuit decision states that the positions exercise executive power and cannot be shielded from at-will removal.
A panel of the U.S. Court of Appeals for the District of Columbia ruled that presidents have the authority to dismiss members of the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) without cause. The majority said these board roles involve significant executive power, meaning Congress cannot restrict the president’s removal authority.
The decision reversed earlier rulings that sought to block President Trump from removing members Gwynne Wilcox of the NLRB and Cathy Harris of the MSPB before their terms ended.
The majority said earlier protection frameworks, such as those referenced in the 1935 Humphrey’s Executor case, did not apply to these boards. Wilcox’s removal left the NLRB without a quorum—pausing its ability to decide cases—while Harris’ early removal also interrupted leadership at the MSPB.
As the Lord Leads, Pray with Us…
- For the president and his advisors as they interpret and apply the court’s ruling across affected agencies.
- For the members of the labor boards as they manage vacancies and continue serving workers, federal employees, and the public.
- For wisdom for judges and judicial panels as they hear and decide the constitutionality of the president’s actions.
Sources: UPI News, NPR
