Overview
- Judges Gregory Katsas and Justin Walker formed the majority, with Judge Florence Y. Pan dissenting that the ruling imperils the independence of multimember agencies.
- The case centers on President Trump’s removal of NLRB member Gwynne Wilcox and MSPB member Cathy Harris before their terms expired.
- The majority concluded the NLRB and MSPB wield substantial executive power, distinguishing them from the quasi‑legislative or quasi‑judicial bodies protected by Humphrey’s Executor and citing Seila Law.
- The opinion noted the government did not allege for‑cause misconduct by Wilcox or Harris, emphasizing that the lawsuit challenged the constitutionality of the removal restrictions themselves.
- UPI reported the ruling overturns earlier contrary decisions and that Wilcox’s ouster left the NLRB without a quorum to issue decisions.