Federal court reverses Trump’s firings of key board officials, citing decades-old precedent
In a significant legal development, a federal appeals court voted en banc on Monday to block President Donald Trump’s firings of two federal board members, reversing an appellate court ruling and allowing the Trump administration to appeal the case to the Supreme Court.
The U.S. Court of Appeals for the District of Columbia Circuit voted 7-4 to reinstate National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit Systems Protection Board (MSPB) member Cathy Harris, both Democratic appointees who were abruptly removed by the Trump administration earlier this year. The majority of judges cited Supreme Court precedents in Humphrey’s Executor and Wiener v. United States as the basis for their decision, emphasizing that these precedents regarding removal restrictions for government officials of “multimember adjudicatory boards” have not been overturned.
The ruling means that Wilcox and Harris can return to their positions, at least temporarily, despite the Trump administration’s efforts to remove them. The decision is likely to face backlash from the administration, which has criticized what it perceives as activist judges impeding its executive actions.
Additionally, the appeals court rejected the administration’s request for an administrative stay, which would have allowed the firings to remain in effect during the legal challenge. The panel found that the administration had not met the legal criteria for granting such a stay.
This en banc ruling reverses a previous decision by a three-judge panel of the same court, which had ruled in favor of the Trump administration. The decision to rehear the case with all appellate court judges present is expected to draw scrutiny from the administration and may prompt an appeal to the Supreme Court for an emergency review.
Since taking office, President Trump has issued numerous executive orders and actions, including significant personnel changes and the establishment of agencies like the Department of Government Efficiency. These actions have been met with legal challenges, with terminated employees and agency workers seeking redress in the courts.
The Trump administration’s strategy of appealing adverse rulings to the Supreme Court is likely to continue in the NLRB and MSPB terminations. The outcome of these legal battles will have broader implications for the administration’s ability to implement its policies and personnel decisions.
In conclusion, the federal appeals court’s decision to block the firings of Wilcox and Harris represents a significant legal setback for the Trump administration and sets the stage for further legal battles in the Supreme Court. The outcome of these cases will have far-reaching consequences for the administration’s ability to enact its agenda and manage federal agencies.
