A recent ruling from a federal appeals court has temporarily reinstated two members removed earlier this year by the Trump administration, setting up a potential showdown with the White House before the Supreme Court.
The U.S. Court of Appeals for the District of Columbia Circuit, in a 7-4 vote on Monday, reversed its own previous decision and ordered that Gwynne Wilcox and Cathy Harris – both Democratic appointees serving on the National Labor Relations Board (NLRB) and Merit Systems Protection Board (MSPB), respectively – be allowed to resume their duties.
The court’s decision hinges on established legal precedent, specifically the principles outlined in Humphrey’s Executor and Wiener v. United States. The judges emphasized that these long-standing precedents, which limit the circumstances under which members of “multimember adjudicatory boards” like the NLRB and MSPB can be removed, have not been overturned by the Supreme Court.
As the court stated in its opinion:
“The Supreme Court has repeatedly instructed courts of appeals to adhere to existing Supreme Court precedent unless and until that Court alters or overturns it.”
This ruling effectively blocks the Trump administration’s attempt to remove Wilcox and Harris, though their positions remain subject to legal challenge. The decision is anticipated to draw sharp criticism from the administration, which has previously accused courts of overreach in reviewing its policies.
Furthermore, the court denied the administration’s request for a stay that would have allowed the removals to stand pending further appeals. The judges determined the administration failed to demonstrate either a high probability of ultimately winning their case or evidence of significant harm if the stay was not granted – both requirements for emergency intervention.
This en banc decision reverses an earlier ruling from a three-judge panel within the same court, which had sided with the Trump administration just ten days prior. The plaintiffs’ request for a full-court review prompted this reversal.
Given the appellate court’s action, it is widely expected that the Trump administration will swiftly seek an emergency review of the case by the Supreme Court.
Since taking office, the Trump administration has implemented over 300 executive orders and actions, including significant personnel changes and agency restructuring. This flurry of activity has led to a surge in legal challenges, with numerous lawsuits filed by affected employees or on their behalf. The administration’s strategy appears to be appealing unfavorable rulings directly to the Supreme Court, a trend likely to continue with this case involving the NLRB and MSPB.
Key Points:
- The U.S. Court of Appeals for the District of Columbia Circuit reinstated two members removed by the Trump administration.
- The decision was based on established Supreme Court precedent regarding removal restrictions for government board members.
- The court denied a request for a stay, clearing the way for potential Supreme Court review.
- This case highlights a broader pattern of legal challenges to executive actions taken by the Trump administration.
