US EditionAppeals Court Invalidates Firing Protections at Two Independent Agencies
A 2-1 ruling by the D.C. Circuit Court found that members of the NLRB and MSPB hold executive power making them removable by the president without cause, overturning prior protections.
- On Dec. 5, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled in a 2-1 decision that statutory limits on removing National Labor Relations Board and Merit Systems Protection Board members are unconstitutional.
- Citing Seila Law, the panel reasoned that Congress may not insulate officers wielding substantial executive power, distinguishing the National Labor Relations Board and Merit Systems Protection Board from Humphrey's Executor.
- Judge Florence Y. Pan, U.S. Circuit Court Judge , warned `It appears that no independent agencies may lawfully exist in this country` and noted Gwynne Wilcox was removed on Jan. 27, which was before her term's expiration on Aug. 27, 2028.
- The decision immediately reversed prior rulings and held Trump's removals of Cathy Harris and Gwynne Wilcox lawful, leaving the National Labor Relations Board with only two members and no quorum.
- On Monday, the Supreme Court of the United States will hear Trump v. Slaughter, a case that could revisit Humphrey's Executor amid a Roberts court trend expanding presidential removal power.
16 Articles
16 Articles
Appeals court backs Trump’s firings of MSPB, NLRB members
A three-judge panel ruled Friday that President Donald Trump’s firings without cause of Cathy Harris and Gwynne Wilcox, Democratic members on the Merit Systems Protection Board and the National Labor Relations Board, were lawful. The split 2-to-1 panel decision of the D.C. Circuit Court of Appeals has no immediate effect, since both Harris and Wilcox’s firings were finalized in May. But Friday’s ruling comes as the Supreme Court is expected to s…
US court says Trump can remove Democrats from two federal labor boards
A U.S. appeals court said on Friday that President Donald Trump had the power to fire Democratic members of two federal labor boards, a major victory in the Republican president's bid to rein in agencies meant to be independent from the White House.
Appeals court lets Trump fire Democratic appointees at agencies
A federal appeals court ruled Friday that President Donald Trump was within legal parameters when he fired Democratic appointees at federal agencies and filled the positions with new board members. The U.S. Court of Appeals for the District of Columbia Circuit handed down a decision ruling that Trump did not abuse presidential powers when he removed Cathy Harris from the Merit Systems Protection Board and Gwynne Wilcox from the National Labor Re…
Appeals court takes more power from Congress and gives it to Trump
An appeals court ruled on Friday that Congress cannot restrict President Donald Trump's firing of National Labor Relations Board member (NLRB) Gwynne Wilcox and Merit Systems Protection Board member Cathy Harris.“Congress may not restrict the President’s ability to remove principal officers who wield substantial executive power” like members of the NLRB and the Merit Systems Protection Board, NOTUS reported, citing the decision. Both boards have…
Appeals court invalidates firing protections at two independent agencies
A federal appeals court on Friday found President Trump can fire leaders at two independent agencies without cause, ruling their removal protections unconstitutional. The 2-1 panel on the U.S. Court of Appeals for the District of Columbia Circuit said the restrictions on the president’s firing power at the National Labor Relations Board (NLRB) and the…
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