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D.C. Circuit Rules 2-1 That Trump Can Remove Democratic Members From Two Federal Labor Boards

09:37 PM, 12/05/2025
D.C. Circuit Rules 2-1 That Trump Can Remove Democratic Members From Two Federal Labor Boards

Key Ruling: The D.C. Circuit, in a 2-1 decision, found that statutes limiting removal of NLRB and MSPB members "for cause" are unconstitutional. The court reversed lower-court orders that had reinstated Cathy Harris and Gwynne Wilcox, and the Supreme Court had earlier temporarily stayed those orders. The firings have left both boards without quorums, delaying hundreds of NLRB cases and thousands of MSPB appeals. Legal observers warn the decision could increase presidential influence over regulatory enforcement in areas such as trade, energy and antitrust.

D.C. Circuit Finds "For Cause" Removal Protections Unconstitutional

The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that President Donald Trump may remove Democratic members of the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB). The court held that federal statutes restricting removal of board members to specific "for cause" grounds violate the Constitution's separation of powers.

The decision reverses two separate district-court orders that had reinstated Cathy Harris to the MSPB and Gwynne Wilcox to the NLRB. The U.S. Supreme Court had previously issued a temporary stay of those lower-court rulings pending further review.

What the Boards Do

The NLRB adjudicates private-sector labor disputes, while the MSPB handles appeals by federal employees who challenge disciplinary actions or dismissals. Because the MSPB is often the only available legal recourse for federal workers, control of the panel can materially affect reviews of personnel decisions across the federal workforce.

How This Played Out

President Trump removed Harris and Wilcox in January without citing the statutory "for cause" grounds such as inefficiency, neglect of duty, or malfeasance. Those firings — the first time a president had removed members from either board — along with other departures have left both agencies with too few members to form quorums and decide individual matters.

Impact: Hundreds of cases are pending at the NLRB and thousands of appeals are awaiting action at the MSPB since the changes in administration.

Broader Implications

Legal experts warn that striking down removal protections could give the president greater direct influence over independent or quasi-independent agencies, potentially affecting regulatory enforcement across sectors such as trade, energy, antitrust, finance and consumer product safety. The ruling raises constitutional and practical questions about the balance between presidential control of the executive branch and agency independence.

The D.C. Circuit's decision is likely to prompt additional legal challenges and could be taken up by the Supreme Court for final review.

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