Appellate judges in D.C. are reviewing whether President Trump had the constitutional authority to unilaterally fire National Labor Relations Board member Gwynne Wilcox and Merit Systems Protection Board member Cathy Harris without cause. Lower courts ruled that he overstepped, referencing the 1935 Supreme Court's Humphrey's Executor decision, which limits presidential removal powers in cases involving independent agencies. The Trump administration disputes this interpretation and has appealed. The case is pivotal not only for Wilcox and Harris but also for the independence of similar agencies throughout the executive branch.
The case before the appellate judges will determine if the president has constitutional authority to remove board members from independent agencies established by Congress.
Lower court judges concluded President Trump overstepped his authority by removing board members without cause, invoking a landmark 1935 Supreme Court decision.
The Trump administration contends that lower court judges misinterpreted the 1935 Supreme Court ruling regarding presidential removal authority over independent agency members.
The outcome of this case will shape the future of independent agencies and the extent of presidential control over the executive branch.
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