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• President Trump’s firings of Democratic members from independent federal agencies have sparked legal battles that could challenge a 90-year-old Supreme Court ruling.
• Lower courts have ruled President Trump’s firings unlawful, citing federal laws that limit removal to cases of “inefficiency, neglect of duty, or malfeasance in office.”
• The Trump administration has appealed these rulings, setting the stage for a potential Supreme Court review of the 1935 precedent in Humphrey’s Executor v. United States.

Quick Brief

2-Minute Digest

Essential Context

President Trump’s recent firings of members from the Merit Systems Protection Board (MSPB), the National Labor Relations Board (NLRB), and the Federal Labor Relations Authority have been met with significant legal resistance. These firings are being challenged in court, with judges ruling that President Trump’s actions violate federal laws that restrict the removal of these officials to cases of “inefficiency, neglect of duty, or malfeasance in office.”

Core Players

• President Donald Trump – Initiator of the firings and key figure in the legal battles.
• Cathy Harris – MSPB board member whose removal was blocked by a district judge.
• Gwynne Wilcox – NLRB member whose firing was deemed unlawful by a federal judge.
• Susan Tsui Grundmann – Federal Labor Relations Authority member who was reinstated after being fired.

Key Numbers

• 1935 – The year the Supreme Court ruled in Humphrey’s Executor v. United States, establishing the precedent that President Trump’s actions are challenging.
• 2028 – The year when the terms of several fired board members, including Cathy Harris and Gwynne Wilcox, are set to expire.
• 3,500 – The number of cases that accumulated in the MSPB due to a lack of quorum from 2017 to 2022.
• 5,000 – The number of Agriculture Department probationary employees reinstated following a court order.

Full Depth

Complete Coverage

The Catalyst

President Trump’s firings of Democratic members from independent agencies have been a contentious issue since his return to office. On February 10, President Trump attempted to fire Cathy Harris, an MSPB board member, but a district judge blocked the removal on March 4, citing that the president can only remove MSPB members for “inefficiency, neglect of duty, or malfeasance in office.”[1][2][5]

Similar actions were taken against Gwynne Wilcox of the NLRB and Susan Tsui Grundmann of the Federal Labor Relations Authority, with judges ruling that their firings were unlawful and ordering their reinstatement.[1][2][5]

Inside Forces

The Trump administration argues that the current laws limiting the reasons for removing members of independent government boards are unconstitutional. They contend that the president should have the authority to remove these members at will, aligning with their interpretation of the president’s core Article II authority to supervise executive branch officials.[1][2][5]

This stance is in direct conflict with the 1935 Supreme Court ruling in Humphrey’s Executor v. United States, which established that Congress can limit the president’s removal power for certain executive branch officials to ensure their independence and impartiality.[2][4][5]

Power Dynamics

The legal battles over these firings highlight a significant power struggle between the executive branch and the judiciary. The Trump administration’s appeals aim to challenge and potentially overturn the long-standing precedent set by Humphrey’s Executor. This could significantly expand the president’s authority over independent agencies, which are designed to operate with a degree of autonomy from the executive branch.[1][2][5]

Justices Clarence Thomas and Neil Gorsuch have already expressed their willingness to reconsider and potentially overturn the Humphrey’s Executor precedent, indicating a possible shift in the Supreme Court’s stance on this issue.[2][4][5]

Outside Impact

The outcome of these legal challenges could have far-reaching implications for the functioning of independent federal agencies. If the Supreme Court were to overturn the Humphrey’s Executor precedent, it would give future presidents greater control over these agencies, potentially undermining their independence and the checks and balances within the federal government.[2][4][5]

This could also impact the ability of these agencies to perform their duties without fear of political interference, as seen in the case of the MSPB, which faced a significant backlog of cases due to a lack of quorum from 2017 to 2022.[1][2][5]

Future Forces

The Supreme Court’s decision on these appeals will be crucial in determining the future of executive power and the independence of federal agencies. If the court upholds the lower court rulings, it will reinforce the existing limits on the president’s removal power. However, if it overturns the Humphrey’s Executor precedent, it could set a new standard that enhances presidential authority over these agencies.[2][4]

This case is likely to be one of the Trump administration’s first Supreme Court emergency appeals in his second term, with the solicitor general expected to argue for the president’s right to remove these officials at will.[2][4]

Data Points

• March 4, 2025 – A district judge blocked President Trump’s removal of Cathy Harris from the MSPB.
• March 6, 2025 – A federal judge ruled that President Trump’s firing of Gwynne Wilcox from the NLRB was unlawful.
• March 12, 2025 – A district judge ordered the reinstatement of Susan Tsui Grundmann to the Federal Labor Relations Authority.
• 2028 – The year when the terms of several fired board members are set to expire.
• 3,500 – The number of cases that accumulated in the MSPB due to a lack of quorum from 2017 to 2022.