Appeals court clears way for Trump to fire agency leaders – Washington Examiner
A recent ruling by a federal appeals court in Washington, D.C.,has established that President Donald Trump has the authority to remove commissioners from the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB). The court’s decision,which was made with a 2-1 vote,allows Trump to dismiss commissioners Gwynne Wilcox and Cathy Harris,both appointed by former President Joe Biden.the majority opinion emphasizes that the President must control the executive branch and enforce the nation’s laws effectively.
Judge Justin Walker, a Trump appointee, stated that the government would suffer irreparable harm if the President could not exercise this control. conversely, Judge Karen Henderson acknowledged the principles of presidential power but found the government’s case for removal a closer call. The dissenting Judge Patricia Millett argued against the ruling, fearing it would leave unresolved legal issues for many employees and employers.
This ruling may set a precedent for the Trump governance to remove members from additional independent agencies, which could significantly enhance the President’s control over such bodies.
Appeals court clears way for Trump to fire labor and workforce agency leaders
A federal appeals court in Washington, D.C., ruled 2-1 Friday that President Donald Trump can remove commissioners from the National Labor Relations Board and the Merit Systems Protection Board.
The two commissioners the Trump administration seeks to oust — Gwynne Wilcox of the NLRB and Cathy Harris of the MSPB — were appointed by former President Joe Biden.
The ruling affords Trump greater control over independent regulatory agencies.
“The Government has also shown that it will suffer irreparable harm each day the President is deprived of the ability to control the executive branch,” Judge Justin Walker, a Trump appointee, wrote in the ruling. “The people elected the President to enforce the nation’s laws, and a stay serves that purpose by allowing the people’s chosen officer to control the executive branch.”
While Walker felt strongly about Trump’s ability to control the agencies’ membership, Judge Karen Henderson — appointed by former President George H.W. Bush — agreed to a lesser extent.
“I agree with many of the general principles in Judge Walker’s opinion about the contours of presidential power under Article 2 of the Constitution, although I view the government’s likelihood of success on the merits as a slightly closer call,” Henderson said.
The Trump administration will likely use the ruling, which applies to the NLRB and MSPB, as a legal precedent to justify removing members of other agencies, such as the FTC.
The one judge who dissented, Judge Patricia Millett, believes the lower court’s ruling should be left in place.
“That decision will leave languishing hundreds of unresolved legal claims that the Political Branches jointly and deliberately channeled to these expert adjudicatory entities,” Millett, an appointee of former President Barack Obama, wrote. “I cannot join a decision … to announce a revolution in the law that the Supreme Court has expressly avoided, and to trap in legal limbo millions of employees and employers whom the law says must go to these boards for the resolution of their employment disputes.”
TRACKING WHAT DOGE IS DOING ACROSS THE FEDERAL GOVERNMENT
The Trump administration has gone to lengths to fire members of independent agencies, including Democratic Federal Election Commission chairwoman Ellen Weintraub.
With the decision Friday, Trump’s power to control the membership of such agencies grows.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
Now loading...