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Appeals Court Rules Trump Can Dismiss Leaders of Two Independent Agencies

2025-12-05
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In a significant ruling, the D.C. Circuit Court of Appeals has determined that President Trump acted lawfully when he fired two members of independent federal agencies early this year. The decision, made by a 2-1 vote, could have broader implications for the independence of such agencies and the limits of presidential authority.

Why It Matters

This ruling underscores the tension between presidential power and the autonomy of independent agencies. As the Supreme Court prepares to examine a related case, the outcome could set important precedents regarding the firing of agency officials and the scope of executive authority, potentially reshaping the landscape of federal labor and personnel oversight.

Key Developments

  • The D.C. Circuit ruled that President Trump’s firings of Cathy Harris from the Merit Systems Protection Board and Gwynne Wilcox from the National Labor Relations Board were lawful.
  • The ruling comes as the Supreme Court readies to hear arguments on a similar case, raising questions about the limits of presidential power.
  • Lower courts had previously ordered reinstatement for Harris and Wilcox based on a 1935 Supreme Court decision which restricts presidential removal authority over non-political agencies.
  • A dissenting opinion cautioned against the potential politicization of government agency hiring processes, reflecting concerns about merit-based decision-making.

Full Report

Ruling Overview

In its majority opinion, the appeals court highlighted that both Harris and Wilcox were dismissed despite federal laws stipulating they could only be removed for cause. The court emphasized the considerable executive power wielded by agencies like the MSPB and NLRB, which have significant rulemaking authority.

Legal Precedents

Initially, lower courts ruled in favor of Harris and Wilcox, referencing a historical case from 1935 that delineated the limitations of presidential power regarding quasi-judicial and quasi-legislative agencies. Although these rulings supported the officials’ reinstatement, the Trump administration successfully appealed, with the Supreme Court allowing the dismissals to remain in effect while further legal proceedings were pending.

Dissenting Opinion

U.S. Circuit Court Judge Florence Pan, who opposed the majority ruling, expressed concerns regarding the implications of granting the president unfettered control over independent agencies. She warned that such a precedent could lead to a politically influenced hiring landscape, undermining expertise and public interest in federal decision-making.

Context & Previous Events

Cathy Harris and Gwynne Wilcox were both dismissed shortly after President Trump assumed office. Their respective boards—the Merit Systems Protection Board and the National Labor Relations Board—handle critical federal employee appeals and oversee labor practices and union elections. Prior to this recent ruling, lower courts had supported their reinstatement, invoking historical legal precedent on agency independence.

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