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- A divided D.C. Circuit Court of Appeals has reinstated two federal agency members fired by President Trump.
- Cathy Harris and Gwynne Wilcox argue Trump lacked the authority to fire them, citing federal law and Supreme Court precedent.
- The case may head to the Supreme Court, potentially reexamining the landmark Humphrey’s Executor v. U.S. ruling.
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Quick Brief
2-Minute Digest
Essential Context
Cathy Harris and Gwynne Wilcox, members of the Merit Systems Protection Board (MSPB) and the National Labor Relations Board (NLRB) respectively, were fired by President Trump without cause. This move was challenged in court, with the D.C. Circuit Court of Appeals ruling that Trump’s actions violated federal law and Supreme Court precedent.
Core Players
- Cathy Harris – Former member, Merit Systems Protection Board (MSPB)
- Gwynne Wilcox – Former member, National Labor Relations Board (NLRB)
- Donald Trump – President of the United States
- D.C. Circuit Court of Appeals – The court that reinstated Harris and Wilcox
Key Numbers
- 7-4 – The vote by which the D.C. Circuit Court of Appeals reinstated Harris and Wilcox
- 2025 – The year Trump fired Harris and Wilcox
- 2028 – The year Wilcox’s term was set to expire
- 90 years – The age of the Humphrey’s Executor v. U.S. ruling
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The Catalyst
The firings of Cathy Harris and Gwynne Wilcox were part of Trump’s broader effort to reshape independent federal agencies. Trump argued that the agencies were not operating in line with his administration’s objectives.
Harris and Wilcox were fired without cause, contrary to federal laws that specify members of these boards can only be removed for specific reasons like malfeasance.
Inside Forces
The D.C. Circuit Court of Appeals ruled that Trump’s actions violated the Supreme Court’s precedent set in Humphrey’s Executor v. U.S., which protects officials on multimember federal boards and commissions from arbitrary removal by the president.
The court emphasized that lower courts must follow extant Supreme Court precedent unless the Supreme Court itself changes or overturns it.
Power Dynamics
The decision highlights a significant power struggle between the executive branch and independent federal agencies. The Trump administration argued that the president has broader removal powers, but the court disagreed.
Three judges who voted to uphold Trump’s dismissals were appointed by Trump, indicating a divided judicial opinion on the matter.
Outside Impact
The ruling has broader implications for the balance of power within the federal government. It reinforces the independence of multimember boards and commissions, limiting the president’s ability to arbitrarily remove members.
This case could set a precedent for future challenges to presidential authority over independent agencies.
Future Forces
The case may next go before the Supreme Court, which could reconsider the Humphrey’s Executor v. U.S. ruling. This could lead to a significant shift in the balance of power between the executive branch and independent federal agencies.
Potential areas of future conflict include labor regulations, civil service laws, and the overall independence of federal boards and commissions.
Data Points
- January 27, 2025 – The day Trump fired Gwynne Wilcox from the NLRB
- February 10, 2025 – The day Trump fired Cathy Harris from the MSPB
- March 25, 2025 – The date of the appeals court decision reinstating Harris and Wilcox
- April 7, 2025 – The date the full D.C. Circuit lifted the stay, allowing Harris and Wilcox to return to their positions
The ongoing legal battle between Harris, Wilcox, and the Trump administration underscores the critical importance of judicial oversight in maintaining the balance of power within the federal government. As this case potentially moves to the Supreme Court, it could have far-reaching implications for the independence and authority of federal agencies.
