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Supreme Court Chief Justice Roberts Allows Temporary Firings of Federal Board Members
On Wednesday, Supreme Court Chief Justice John Roberts took significant action by permitting the temporary dismissal of Democratic officials from the Merit Systems Protection Board (MSPB) and the National Labor Relations Board (NLRB). This move follows a decision by the U.S. Court of Appeals for the D.C. Circuit just two days earlier, which had provided these officials some protection against removal.
The context of this situation began when former President Donald Trump sought to terminate appointees Cathy Harris from the MSPB and Gwynne Wilcox from the NLRB, both of whom were appointed during President Joe Biden’s administration. Initial attempts to remove these officials were halted by district judges. However, on March 28, a D.C. Circuit panel intervened with a 2-1 decision, pausing the lower court’s ruling pending further judicial review.
In a surprising turn of events, a majority of D.C. Circuit judges subsequently overturned the earlier ruling through an en banc reconsideration. This rare process involves all active judges on the circuit, as opposed to the standard three-judge panel. En banc reviews are typically employed when there is a belief that previous decisions did not align with Supreme Court directives.
Both Harris and Wilcox maintain that their potential termination defies legal precedent established by the Supreme Court in the 1935 case Humphrey’s Executor, which determined that the president does not possess absolute authority to remove officials from multi-member, quasi-judicial boards.
The Trump administration has appealed the recent ruling to the Supreme Court, contending that it is essential for the president to have the power to dismiss senior executive branch officials. Roberts’ recent stay reinstates the administration’s position regarding these dismissals.
This decision also condemns the MSPB to operate without a quorum, further complicating its capacity to adjudicate appeals regarding federal employee dismissals and suspensions. This challenge is especially pertinent given the spike in cases resulting from extensive government worker terminations during the Trump administration.
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