Overview
- By a 2–1 vote, a D.C. Circuit panel held that Congress cannot restrict presidential removal of NLRB and MSPB members, deeming the posts at‑will.
- Judge Gregory Katsas wrote the majority joined by Judge Justin Walker; Judge Florence Pan dissented, warning the ruling threatens the independence of multimember agencies.
- The decision validates President Trump’s removals of NLRB member Gwynne Wilcox and MSPB member Cathy Harris, which had already been allowed to take effect under earlier Supreme Court stays.
- On Monday, the Supreme Court hears Trump v. Slaughter over FTC removal protections, including whether to overrule Humphrey’s Executor and how courts may remedy unlawful removals.
- Related disputes could reach other independent bodies; the Court has signaled special consideration for the Federal Reserve, with a separate argument on Lisa Cook’s status set for January 2026.