Overview
- By a 2–1 vote, the D.C. Circuit ruled that NLRB and MSPB members serve at the president’s pleasure, with Judge Gregory Katsas writing that Congress may not restrict removal of principal officers who wield substantial executive power.
- Judge Florence Pan dissented, warning the decision concentrates excessive power in the presidency, and the ruling overturns several lower-court orders that had blocked removals.
- On Monday, the Supreme Court hears Trump v. Slaughter, testing whether to overrule Humphrey’s Executor and decide if courts can reinstate officials who are unlawfully removed.
- The Court has already allowed interim removals of officials at the NLRB, MSPB, CPSC, and FTC, while signaling that the Federal Reserve may be treated differently; a separate case involving Fed Governor Lisa Cook is set for January.
- The Justice Department urges recognition of broad Article II removal authority grounded in Seila Law, while opponents cite decades of reliance on independent agencies and warn of sweeping effects across numerous regulators.