In a recent legal development, US Chief Justice John Roberts granted President Donald Trump the ability to temporarily remove top officials from two independent agencies, pending the Supreme Court’s decision on a rising debate regarding the boundaries of presidential power. This decision stayed a previous ruling by a federal appeals court that had allowed National Labor Relations Board member Gwynne Wilcox and Merit Systems Protection Board member Cathy Harris to resume their duties. The order is in place until further notice from either Roberts himself or the full Supreme Court.
This case is pivotal in re-evaluating the 1935 Supreme Court decision known as Humphrey’s Executor, which facilitated the establishment of independent agencies by protecting high-ranking officials from dismissal. The outcome could influence President Trump’s authority over other officials, such as the Federal Reserve Chair. On the same day, Trump formally asked the Supreme Court for permission to remove Wilcox and Harris during ongoing legal proceedings and requested an expedited review without an intermediate appeals court ruling.
Solicitor General D. John Sauer argued that the President should not have to retain agency heads who are misaligned with his administration’s goals. Chief Justice Roberts requested a response from Wilcox and Harris by April 15. The broader questions surrounding this case involve whether the rationale applied in a 2020 decision—which allowed the President to dismiss the Consumer Financial Protection Bureau’s director—extends to agencies with multiple members. If necessary, the administration plans to challenge the precedent set by Humphrey’s Executor to facilitate Wilcox and Harris’s dismissal.
The ramifications extend beyond this case, considering an additional lawsuit from two Democratic FTC commissioners who were also dismissed by Trump. This could further challenge the legal standing of Humphrey’s Executor. As it stands, the absence of Wilcox and Harris leaves their respective agencies—the MSPB and NLRB—without the necessary quorum to function effectively. This matter advances President Trump’s ongoing initiatives to downsize federal capacity.
The pending case, known as Trump v. Wilcox, is docketed as 24A966.
For additional coverage, please refer to the full article from Bloomberg.