Appeals court blocks Trump from removing Dems on labor boards
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President Trump departs after signing executive orders imposing tariffs on April 2 in Washington, D.C. Photo: Andrew Harnik/Getty Images
The D.C. Circuit on Monday blocked President Trump, for now, from firing Democratic members of two different federal labor boards.
Why it matters: The case is widely expected to set up a Supreme Court battle over a president's right to fire members of independent agencies.
- It also has implications for both government workers who are appealing mistreatment, as well as private sector employees who report violations to the labor law and try to organize into unions.
Driving the news: In a 7-4 vote, the ruling overturned a previous one from a three-judge panel on the court.
- At issue is Trump's abrupt firing of Gwynne Wilcox, a Democratic member of the National Labor Relations Board; and Cathy Harris who sits on the Merit Systems Protections Board, which serves as judicial body that oversees the federal workforce.
Zoom in: For now, the ruling allows the case to continue with arguments before a three-judge panel, rather than having the merits considered en banc, (by all the courts' judges).
- Trump has fired a total of seven Democratic members from so-called independent agencies, USA Today tallies. Another case has been filed over Trump's firing of two members of the Federal Trade Commission.
- Also terminated: two Democrats on the Equal Opportunity Commission, which handles workplace discrimination claims, and member of the Federal Labor Relations Authority.
Between the lines: The cases come down to a formerly obscure Supreme Court case from 1935 known as Humphrey's Executor, and are widely expected to be consolidated and sent to the Supreme Court.
What they're saying: "I'm truly elated," Wilcox tells Axios over text message. "I can now return to my position as a Board Member to issue decisions that are important to working people, unions and employers of the country."
- "The Court's decision today reaffirms 90 years of Supreme Court precedent that protects the independence of agencies like the NLRB and the Federal Reserve Board," said Deepak Gupta, Wilcox's lawyer, in a statement Monday.
The other side: "The Constitution gives President Trump the power to remove personnel who exercise his executive authority," White House spokesman Harrison Fields said in a statement. "The Trump Administration plans to immediately appeal the decision, and looks forward to ultimate victory on the issue."
Editor's note: This story was updated with additional context and reactions to the ruling.
