Challenging Federal Labor Regulators
President Donald Trump has petitioned the Supreme Court to allow the dismissal of two Biden appointees on U.S. labor boards, despite legal protections accorded to members of such panels. If successful, this action could set a precedent for the removal of other regulators in independent agencies, replacing them with loyalists.
Legal Battle Unfolds
In an urgent appeal lodged recently, the Justice Department urged the high court to overturn lower court injunctions preventing the firing of National Labor Relations Board member Gwynne Wilcox and Merit Systems Protection Board member Cathy Harris.
The National Labor Relations Board oversees federal labor laws safeguarding unionization rights in the private sector, while the Merit Systems Protection Board addresses complaints from unfairly treated federal government employees. Both Wilcox and Harris held chair positions on their respective boards before Trump’s attempted dismissals.
Constitutional Dispute
Existing legislation limits a president’s authority to remove board members of most independent agencies unless specific misconduct is proven. The Trump administration contends that these constraints violate the president’s executive control rights.
Solicitor General John Sauer argues that the president should not be compelled to delegate executive powers to agency heads conflicting with the administration’s policies. The administration has also moved to dismiss leaders of other federal agencies, facing legal challenges.
Legal Maneuvers
Conflicting court rulings have led to Wilcox and Harris being reinstated, removed, and reinstated again in recent weeks. The D.C. Circuit Court of Appeals voted 7-4 to reinstate them in the latest order.
Sauer has urged the Supreme Court to promptly remove the officials anew and proposed a special argument session to address the president’s authority to dismiss agency officials at will.
Continued Uncertainty
Chief Justice John Roberts issued a temporary order suspending the lower court rulings that reinstated Wilcox and Harris, pending further Supreme Court deliberations. The two officials argue that laws restricting the president’s dismissal power are constitutionally sound, citing past legal precedents.
The Supreme Court’s decision on this matter will have far-reaching implications for executive authority over federal agencies and the balance of power between the branches of government.
