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Federal Appeals Court Reinstates Fired Independent Agency Leaders

The D.C. Circuit Court temporarily reinstates Cathy Harris and Gwynne Wilcox, setting the stage for a Supreme Court showdown over presidential authority and agency independence.

U.S. President Donald Trump arrives on the South Lawn of the White House in Washington, U.S., April 6, 2025. REUTERS/Annabelle Gordon
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The E. Barrett Prettyman United States Courthouse in Washington.
Cathy Harris and Gwynne Wilcox.

Overview

  • In a 7-4 decision, the D.C. Circuit Court reversed an earlier ruling, reinstating Cathy Harris of the MSPB and Gwynne Wilcox of the NLRB after their January firings by President Trump.
  • The court emphasized that lower courts must follow Supreme Court precedent, which upholds removal protections for independent agency leaders, until the precedent is overturned by the Supreme Court itself.
  • The Trump administration argues that such removal protections are unconstitutional and plans to challenge the precedent at the Supreme Court, potentially reshaping the balance of power between the executive branch and independent agencies.
  • The appellate ruling is temporary, and the case will return to a three-judge D.C. Circuit panel for a final decision on the legality of the firings.
  • The decision highlights partisan divisions, with Democratic-appointed judges forming the majority and Republican-appointed judges dissenting, reflecting broader ideological tensions in the judiciary.