Trump Judges Rule He Can Fire Whoever He Wants, Whenever He Wants
An appeals court judge tore into her colleagues’ decision Friday to “pave the way for autocracy” by allowing President Donald Trump to summarily fire the Democratic members of independent federal agencies.
In a 2–1 ruling, Trump-appointed D.C. Circuit Court Judges Gregory Katsas and Justin Walker greenlit the president’s efforts to remove Democratic members of the National Labor Relations Board and Merit Systems Protection Board.
“Congress may not restrict the President’s ability to remove principal officers who wield substantial executive power,” Katsas wrote in the majority opinion. “As explained below, the NLRB and MSPB wield substantial powers that are both executive in nature and different from the powers that Humphrey’s Executor deemed to be merely quasi-legislative or quasi-judicial. So, Congress cannot restrict the President’s ability to remove NLRB or MSPB members.”
Humphrey’s Executor v. United States is a 1935 Supreme Court case that established Congress can pass laws limiting the president’s ability to fire executive officials of independent federal agencies.
In a scathing dissenting opinion, Judge Florence Pan warned that the decision was a disastrous consolidation of executive power behind the president. “Adoption of the government’s maximalist theory of executive power (implicitly or explicitly) threatens to fundamentally change the character of our government,” she wrote.
“Taken to its logical end, the government’s theory will eliminate removal protections for all employees of the Executive Branch and place every hiring decision and agency action under the political direction of the President. But such a radical upending of the constitutional order is not supported by the text or structure of the Constitution and is inconsistent with the intent of the Framers. And while the government claims to uphold the separation of powers, its theory instead concentrates excessive power in the President and thus paves the way to autocracy.”
The Supreme Court previously allowed Trump to oust Gwynne Wilcox at the National Labor Relations Board and Cathy Harris at the Merit Systems Protection Board—whose terms weren’t due to expire until 2029—as well as three Democratic appointees on the Consumer Product Safety Commission and Rebecca Slaughter, a Democratic commissioner on the Federal Trade Commission.
