04.07.2025DC Circuit Reverses Reinstatement Of Agency Board MembersIn a split decision, the D.C. Circuit Court of Appeals reversed the District Court and ruled that President Trump is not obligated for now to reinstate fired National Labor Relations Board and Merit Systems Protection Board members, undoing the District Court’s injunction. The District Court ordered Trump to reinstate the agency board members – Gwynne Wilcox of the NLRB and Cathy Harris of the MSPB – reasoning that his right to fire them was restricted by Congress and a 1935 Supreme Court decision in Humphrey's Executor v. U.S. On March 28, the Appeals Court explained that the law since 1935 has trended towards more presidential sway over independent agency officials, and therefore, President Trump is likely to succeed on the merits of the case.
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