In a significant victory for the White House, the D.C. Circuit Court of Appeals has ruled that President Trump has the authority to dismiss two Democratic members of independent agencies. In a 2-1 decision, the court found that limitations on the president’s power to remove executive branch officers are unconstitutional.
This ruling is crucial as it could influence several legal challenges surrounding Trump’s firings, with many of these cases likely heading to the Supreme Court. Earlier, the same panel of judges allowed Trump’s firing of U.S. Special Counsel Hampton Dellinger, but this is the first Appeals Court ruling regarding dismissals from agencies with multiple-member boards since Trump assumed office.
The case centers on the firings of National Labor Relations Board Member Gwynne Wilcox in January and Merit Systems Protection Board Member Cathy Harris in February—both agencies are responsible for handling workplace complaints.
These agencies and others like them have historically operated with a degree of autonomy, with members serving staggered terms across party lines to maintain independence from the executive branch. While presidents nominate and the Senate confirms members, Congress originally stipulated that presidents can only remove members for cause, such as neglect of duty or misconduct.
In 1935, the Supreme Court upheld these limitations in the Humphrey’s Executor case, which involved the Federal Trade Commission. However, the future of this 90-year-old precedent is now uncertain, especially as the conservative-leaning Supreme Court has chipped away at its applicability to agencies with a single leader.
District judges had ruled in Wilcox’s and Harris’ favor, ordering them to be reinstated, prompting the government to request stays from the D.C. Circuit Court. The court held hearings last week.
President Trump has moved quickly to assert control over independent agencies since taking office, issuing an executive order requiring them to coordinate closely with the White House on policies and priorities. He has dismissed over 10 Democratic members from these agencies, including the two on the Federal Trade Commission, who filed a lawsuit in federal court this week.
The White House argues that since the president is accountable for the actions of the executive branch, he must have the power to hire and fire as he sees fit. D.C. Circuit Judge Justin Walker, concurring, emphasized that Article II of the Constitution grants the president “entire” executive power, which includes the ability to remove officials.
If Humphrey’s Executor is overturned, there are concerns about the president’s ability to dismiss members from other key independent agencies, such as the Federal Reserve. A group of law professors has filed an amicus brief with the Supreme Court raising alarms over the potential consequences. They warned that disruptions at agencies like the Federal Reserve could undermine the stability of the U.S. economy, potentially leading to financial and political instability.
