Supreme Court allows President Trump to temporarily remove heads of two independent agencies as it weighs executive power limits.
AinvestThursday, May 22, 2025 5:52 pm ET

Supreme Court allows President Trump to temporarily remove heads of two independent agencies as it weighs executive power limits.
The Supreme Court has refused to immediately reinstate Gwynne Wilcox and Cathy A. Harris, who were fired by the Trump administration. The decision, issued on Thursday, does not decide the underlying merits of the case but emphasizes the president's authority to remove executive officers without cause [1].The case involves the removal of Wilcox, a former member of the National Labor Relations Board (NLRB), and Harris, the ousted chair of the federal Merit Systems Protection Board (MSPB). The NLRB oversees laws protecting workers' rights and union elections, while the MSPB defends federal government workers against political discrimination [1].
The court's order, which drew a sharp dissent from the three liberal justices, did not decide the underlying merits of the case. However, it did endorse presidential authority at a time when President Donald Trump is trying to seize greater control of the federal bureaucracy [1].
Chief Justice John G. Roberts Jr. previously allowed the administration to remove Wilcox and Harris while the full court weighed how to proceed with their cases. The court emphasized that its reasoning does not apply to the Federal Reserve Board, which it considers a uniquely structured, quasi-private entity [1].
The decision reflects the majority's view that both the NLRB and MSPB exercise considerable executive power. The conservatives said they were withholding a final decision on the firings until after the case receives full briefing and argument [1].
Since returning to the White House, Trump has tried to exert maximum control over the federal bureaucracy. He has fired government watchdogs, members of the boards of independent agencies, and rank-and-file federal workers, drawing multiple legal challenges [1].
The Supreme Court's decision has significant implications for the independence of key regulatory bodies and the balance of power between the executive and legislative branches. It could also set a precedent for future challenges to the independence of other federal agencies [1].
References:
[1] https://www.washingtonpost.com/politics/2025/05/22/supreme-court-commissioners-independent-officials/
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