Appeals court grants temporary stay in Trump’s firing of board leaders
In a recent development, a D.C. federal appeals court has handed the Trump administration a temporary victory by overturning district court rulings that ordered the reinstatement of two key officials – Gwynne Wilcox from the National Labor Relations Board (NLRB) and Cathy Harris from the Merit Systems Protection Board (MSPB).
Judge Beryl Howell had previously ordered the reinstatement of Gwynne Wilcox after her dismissal by President Donald Trump earlier this year, citing violations of the congressional statute outlining NLRB appointments and removals. Wilcox had filed a lawsuit claiming that her firing was unjustified and that the NLRB was not operating in line with the administration’s objectives.
Similarly, Cathy Harris, who led the MSPB, had also challenged her termination by President Trump, arguing that he did not have the authority to remove her from her position. While Harris received a temporary restraining order reinstating her to the MSPB, the appeals court has now halted her reinstatement pending further proceedings.
The appeals court’s decision to overturn the district court rulings was based on the premise that Congress cannot restrict the president’s removal authority over agencies that wield substantial executive power, such as the NLRB and MSPB. While this decision marks a temporary victory for the Trump administration, it has sparked dissenting opinions within the court.
Judge Patricia A. Millett, in a dissenting opinion, criticized the majority decision for potentially calling into question the constitutionality of federal statutes conditioning the removal of officials on multi-member decision-making bodies. She expressed concern that the decision could leave countless legal claims unresolved and create uncertainty for employees and employers who rely on these adjudicatory entities for dispute resolution.
Despite the differing opinions within the court, the temporary victory for the Trump administration sets the stage for further legal challenges and potential implications for the structure and authority of executive branch agencies. The case is expected to proceed to the Supreme Court, where the final decision on the reinstatement of Gwynne Wilcox and Cathy Harris will ultimately be determined.
