On Monday, a federal appeals court reinstated two Democratic labor board members who were terminated by President Donald Trump earlier this year.
In a 7-4 vote, the U.S. Court of Appeals for the District of Columbia Circuit’s ruling blocked Trump’s firing of National Labor Relations Board member Gwynne Wilcox and Merit Systems Protection Board member Cathy Harris.
‘The Trump administration plans to immediately appeal the decision and looks forward to ultimate victory on the issue.’
A three-judge panel previously ruled 2-1 to allow Trump’s terminations. The plaintiffs responded by requesting the appeals court hear the case en banc, meaning all appellate court judges were present. Monday’s verdict reversed the previous decision.
The majority ruling cited Humphrey’s Executor v. United States, 1935, and Wiener v. United States, 1958, stating that “the Supreme Court unanimously upheld removal restrictions for government officials on multimember adjudicatory boards.”
“The Supreme Court has repeatedly stated that it was not overturning the precedent established in Humphrey’s Executor and Wiener for multimember adjudicatory bodies,” the ruling read. “The Supreme Court has repeatedly told the courts of appeals to follow extant Supreme Court precedent unless and until that Court itself changes it or overturns it.”
Judge Neomi Rao, one of the dissenting judges, wrote, “The Constitution vests all executive power in a single President.”
“The President has both the power and the responsibility to supervise and direct Executive Branch officers,” she continued. “To carry out this responsibility, the President must be able to remove officers at will.”
“Nothing in Anglo-American history supports the injunctive relief granted by the district court and restored by the en banc majority,” she wrote. “These orders effectively reappoint officers removed by the President and direct all other Executive Branch officials to treat the removed officers as if they were still in office. Such injunctive relief is beyond the scope of our equitable authority.”
The two reinstated Democratic appointees can return to their positions, at least temporarily. The judges rejected the Trump administration’s stay request, which would have prevented Wilcox and Harris from returning to their roles while the legal battle continues.
Wilcox told Axios she is “truly elated” about the latest ruling.
“I can now return to my position as a board member to issue decisions that are important to working people, unions, and employers of the country,” Wilcox said.
Deepak Gupta, Wilcox’s attorney, stated Monday, “The Court’s decision today reaffirms 90 years of Supreme Court precedent that protects the independence of agencies like the NLRB and the Federal Reserve Board.”
Harrison Fields, a White House spokesperson, revealed that the administration plans to appeal the case, which would take it to the Supreme Court.
“The Constitution gives President Trump the power to remove personnel who exercise his executive authority,” Fields said. “The Trump administration plans to immediately appeal the decision and looks forward to ultimate victory on the issue.”
Lawyers for Harris did not respond to USA Today’s request for comment.
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