A federal appeals court ruled Friday that President Donald Trump can remove members of the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) at will, overturning lower-court decisions that had blocked his efforts to fire key labor and employment officials. The 2-1 decision from a D.C. Circuit panel emphasized that Congress cannot restrict the president’s ability to remove officers who wield substantial executive power.
Judges Gregory Katsas and Justin Walker, both Trump appointees, wrote that prior precedents cited in the lower-court rulings did not apply to the NLRB and MSPB, which they said exercise powers “both executive in nature and different from the powers” protected under the 1935 Humphrey’s Executor case. Their ruling effectively grants the president broad authority over these boards, though it does not address other independent agencies, such as the Federal Reserve. Judge Florence Pan, appointed by President Biden, dissented, warning that the decision “redefines the type of executive power” and could threaten the independence of roughly 33 federal agencies. The Supreme Court is scheduled to hear related arguments soon, including cases challenging presidential removal limits at other federal bodies.