Politics

/

ArcaMax

Trump can fire 2 agency heads, appeals court says

Zoe Tillman, Bloomberg News on

Published in Political News

WASHINGTON — Donald Trump can fire members of two independent agencies, a divided federal appeals court in Washington ruled, boosting the president’s efforts to dramatically reshape the U.S. government.

In a 2-1 order issued Friday, the U.S. Court of Appeals for the D.C. Circuit halted decisions by lower court judges that blocked Trump’s removal of National Labor Relations Board Chair Gwynne Wilcox and Cathy Harris, a member of the Merit Systems Protections Board.

The cases represent key tests of Trump’s ability to reshape U.S. agencies that were designed by Congress to operate at some distance from the policies — and politics — of the president. Conservatives have opposed limits on the president’s power to remove executive branch officials, and the U.S. Justice Department under Trump signaled early on that it would argue in favor of freeing the president to decide who leads agencies that wield executive authority.

In a statement provided by her attorney, Harris said, “I respectfully disagree with this decision and will be filing papers very soon that ask the full Court of Appeals to review it.” If that fails, she and Wilcox could ask the U.S. Supreme Court to intervene.

Wilcox’s lawyer Deepak Gupta said in a statement that their legal team is “confident in our case and look forward to presenting our arguments in court to ensure that the NLRB can continue its vital work protecting workers’ rights.”

The Justice Department released a statement calling the order “a victory for common sense and the American people who elected President Trump. No unelected activist judge should be allowed to usurp executive power.”

A spokesperson for the White House did not immediately respond to a request for comment.

In the short-term, the removal of Wilcox and Harris will leave both bodies without a quorum to operate. Circuit Judge Patricia Millett, who dissented from Friday’s order, wrote that the decision will “leave languishing hundreds of unresolved legal claims.” The NLRB broadly considers unfair labor claims, while the MSPB presides over claims from federal government workers.

 

The D.C. Circuit’s order comes as U.S. officials under Trump are carrying out sweeping cuts to the federal workforce, spurring legal challenges in federal courts as well as before the MSPB.

The D.C. Circuit panel’s two Republican appointees sided with the administration. Judge Justin Walker, who was confirmed during Trump’s first term, wrote the district court judges who kept Wilcox and Harris in their posts had adopted an “expansive” interpretation of a key 1930s-era Supreme Court decision on presidential power that was narrowed by later rulings from the justices.

Walker said that he believed the public interest favored letting Trump exercise his preferences over the two agencies. Judge Karen LeCraft Henderson, appointed to the D.C. Circuit by the late President George H.W. Bush, also sided with the administration.

“The forcible reinstatement of a presidentially removed principal officer disenfranchises voters by hampering the President’s ability to govern during the four short years the people have assigned him the solemn duty of leading the executive branch,” Walker wrote.

Millett accused her colleagues of rewriting Supreme Court precedent and ignoring past circuit decisions that were still binding. Millett, appointed under former President Barack Obama, said that the appeals court was supposed to only intervene on an emergency basis “to avoid instability and turmoil.”

“But the court’s decision today creates them,” she wrote.

The cases are Harris v. Bessent, 25-5037, DC Circuit, and Wilcox v. Trump, 25-5057, D.C. Circuit.


©2025 Bloomberg L.P. Visit bloomberg.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Micek

John Micek

By John Micek
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Michael Reagan

Michael Reagan

By Michael Reagan
Mona Charen

Mona Charen

By Mona Charen
Oliver North and David L. Goetsch

Oliver North and David L. Goetsch

By Oliver North and David L. Goetsch
R. Emmett Tyrrell

R. Emmett Tyrrell

By R. Emmett Tyrrell
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

John Branch Kevin Siers Joey Weatherford Steve Breen John Darkow Tim Campbell