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Supreme Court Temporarily Backs Trump in Independent Agency Firings

The Court's provisional order allows President Trump to proceed with removing Democratic appointees from federal labor boards while broader constitutional questions remain unresolved.

The headquarters of the National Labor Relations Board (NLRB) is seen in Washington, D.C., U.S., May 15, 2021. REUTERS/Andrew Kelly/File Photo
Construction scaffolding is in place at the Supreme Court Tuesday, April 1, 2025, in Washington. (AP Photo/Rahmat Gul)
The seal of the National Labor Relations Board (NLRB) is seen at their headquarters in Washington, D.C., U.S., May 14, 2021. REUTERS/Andrew Kelly/File Photo

Overview

  • The Supreme Court issued a provisional decision permitting President Trump to fire Gwynne Wilcox and Cathy Harris, members of the NLRB and MSPB, respectively, pending further litigation.
  • This decision temporarily overturns lower court rulings that upheld statutory protections preventing the removal of independent agency officials without cause.
  • The Trump administration has argued that retaining these officials undermines the president’s ability to execute his policy objectives and control executive power.
  • The legal dispute raises significant constitutional questions about the president's authority to dismiss independent agency members, potentially challenging the 1935 Humphrey’s Executor precedent.
  • The case is part of a broader effort by Trump to reshape federal agencies by downsizing the workforce and replacing officials with administration loyalists.