The U.S. Supreme Court has allowed the Trump administration to move forward with the dismissal of two independent federal agency board members, temporarily overriding lower court rulings that had reinstated them. The decision affects Gwynne Wilcox of the National Labor Relations Board (NLRB) and Cathy Harris of the Merit Systems Protection Board (MSPB), both of whom were appointed during the Biden administration.
The administration has argued that retaining officials who do not align with its agenda undermines executive authority. Critics, however, warn that these dismissals threaten the independence of federal regulatory bodies and could severely hinder their operations. In the case of the NLRB, the removal of Wilcox could eliminate the board’s quorum, effectively halting decisions on pending labor disputes involving major corporations like Amazon and Starbucks.
Chief Justice John Roberts issued an administrative stay that suspends the lower court’s decision to reinstate the officials, allowing their removal while the broader constitutional questions are reviewed. The legal dispute centers on whether the president has the power to remove members of independent agencies at will, or whether such dismissals must be for cause, as established in the 1935 case Humphrey’s Executor v. United States.
Wilcox, the first Black woman to serve on the NLRB, was involved in several high-profile labor cases. Her dismissal, along with Harris’s, has raised concerns about a potential erosion of protections for civil servants and the politicization of independent oversight bodies.
As the case advances, legal analysts emphasize its broader implications: it may reshape the balance of power between the executive branch and independent agencies, potentially granting future presidents greater control over regulatory bodies historically insulated from political influence.