The U.S. Court of Appeals for the District of Columbia upheld President Trump’s authority to fire National Labor Relations Board Member Gwynne Wilcox without cause in a 2-1 decision. The Court also ruled that Trump has the authority to remove Board Member Cathy Harris from the Merit Systems Protection Board (MSPB). The decision seems to contradict Supreme Court precedent affirming congressional restrictions on the President’s authority to fire NLRB Commissioners and other heads of independent agencies.
Judge Justin Walker, who was appointed by President Trump during his first term, explained the court’s decision in terms reflecting the Administration’s unitary executive argument, stating that “[t]he people elected the president to enforce the nation’s laws, and a stay serves that purpose by allowing the people’s chosen officer to control the executive branch.”