In a major reversal, the United States Court of Appeals for the District of Columbia Circuit voted 7–4 to block the Trump administration from removing two Democratic appointees from federal labor boards. The ruling puts Gwynne Wilcox back on the National Labor Relations Board (NLRB) and Cathy Harris back on the Merit Systems Protection Board (MSPB).
Both Biden appointees were previously ousted by President Trump, who argued that restructuring federal agencies gave him the authority to fire appointees at will. A three-judge panel with the D.C. Circuit Court of Appeals initially backed that move. But the full court disagreed.
In its Monday ruling, the court said the firings broke the law—specifically, legal protections that say members of independent agencies like the NLRB and MSPB can only be removed for cause, such as “inefficiency, neglect of duty, or malfeasance in office.” The majority leaned on long-standing Supreme Court precedent to support their stance.
The dissenting judges argued that courts shouldn’t have the power to reinstate executive officers.
With Wilcox and Harris back in place, both boards now have quorum and can resume their functions in overseeing employee grievances and labor disputes.
The highly unusual ruling takes direct aim at one of the Trump administration’s core legal claims: that the president can fire appointees at will, even in independent agencies.
Politico‘s Josh Gerstein and Kyle Cheney have additional details on the fallout and what to expect next:
It’s a whiplash-inducing turn for the two officials, fired by Trump in the first days of his term. Judges on the federal district court bench in Washington reinstated both of them, harshly scolding Trump for ignoring the laws meant to protect the officials from removal without misconduct or other improper behavior.
But last month, a three-judge panel of the D.C. Circuit blocked those orders from taking effect, ruling 2-1 that the laws improperly restricted the president’s ability to manage the executive branch. Monday’s ruling, in turn, withdraws that order and allows the officials to return to their posts.
In the unsigned order Monday, the appeals court’s majority pointed to Supreme Court decisions from the 1930s and 1950s in which the justices “unanimously upheld removal restrictions for government officials on multimember adjudicatory boards.” While more recent rulings from the high court have undermined the rationale of those decisions, the justices have never flatly reversed them.
Legal analysts expect the case to head to the Supreme Court. If it does, it could become a defining case on the limits of presidential power and the independence of federal agencies.
