Appeals court blocks Trump admin from firing labor board members

The administration has argued that the president should be allowed to dismiss labor board members at will to ensure "democratic accountability."

Published: April 7, 2025 4:21pm

A full federal Appeals Court on Monday blocked the Trump administration from firing two federal board members, reversing a smaller Appeals panel ruling, and potentially setting up President Donald Trump's next Supreme Court case.

An Appeals Court panel of three judges last month allowed the president to fire former National Labor Relations Board member Gwynne Wilcox and former Merit Systems Protection Board member Cathy Harris, who were both appointed by former President Joe Biden.

The administration has argued that the president should be allowed to dismiss labor board members at will to ensure "democratic accountability."

The full Appeals Court voted in a 7-4 split to reinstate the board members, ruling that the Supreme Court has not overturned precedents set in Humphrey’s Executor and Wiener v. United States, which determined the president does not have the power to remove members of adjudicatory boards.

"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," the majority noted in their opinion, per Fox News

The court also rejected the Trump administration's request for an administrative stay, which would have allowed their dismissals to remain while the case plays out in federal court. 

The full ruling means that the administration can now bring the matter before the Supreme Court.

 Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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