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Supreme Court Temporarily Backs Trump’s Firings of Independent Agency Officials

In a 6-3 decision, the Court allows President Trump to keep two Biden appointees out of their roles while constitutional challenges to their removals proceed.

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Overview

  • The U.S. Supreme Court granted emergency relief to the Trump administration, blocking lower court rulings that reinstated Cathy Harris and Gwynne Wilcox to their federal agency posts.
  • Harris, formerly of the Merit Systems Protection Board, and Wilcox, of the National Labor Relations Board, were removed by Trump earlier this year despite statutory protections requiring cause for dismissal.
  • The 6-3 decision, with the Court's conservative majority in favor, keeps the officials out of their roles while broader constitutional questions about presidential removal powers are litigated.
  • Solicitor General D. John Sauer argued that Article II of the Constitution grants the president broad authority to remove members of independent agencies exercising executive power.
  • Critics warn that weakening for-cause removal protections could undermine the independence of key federal agencies, including the Federal Reserve and National Transportation Safety Board.