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Appeals Court Temporarily Allows Trump to Remove Members of Federal Labor Boards

The decision enables President Trump to proceed with removals while appeals continue, leaving key labor boards unable to function.

President Donald Trump, left, walks with Col. Paul Pawluk, Vice Commander of the 89th Airlift Wing, from Marine One to board Air Force One at Joint Base Andrews, Md., Friday, March 28, 2025, en route to Florida for the weekend. (AP Photo/Jacquelyn Martin)
NLRB member Gwynne Wilcox
U.S. President Donald Trump walks before departing for Florida from the South Lawn at the White House in Washington, D.C., U.S., March 28, 2025. REUTERS/Evelyn Hockstein
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Overview

  • The U.S. Court of Appeals for the D.C. Circuit ruled that President Trump can temporarily remove Gwynne Wilcox from the NLRB and Cathy Harris from the MSPB.
  • This decision pauses earlier rulings by two federal judges who deemed the removals unlawful based on statutory protections and precedent.
  • The NLRB and MSPB are now unable to function due to a lack of quorum, halting labor law enforcement and federal employee dispute resolution.
  • The Justice Department successfully requested the appellate court to suspend lower court orders while it appeals the rulings.
  • The broader legal battle over presidential authority and the independence of federal agencies is expected to reach the Supreme Court.