Appeals court reinstates board members Trump fired

Michael Macagnone, CQ-Roll Call on Apr 7, 2025

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WASHINGTON — A federal appeals court in Washington on Monday reinstated members of the Merit Systems Protection Board and National Labor Relations Board who had been fired by President Donald Trump, escalating fights over Congress’ ability to protect federal officials from removal.

The 7-4 order from the full U.S. Court of Appeals for the District of Columbia Circuit that again reinstated Cathy Harris to the MSPB and Gwynne Wilcox at the NLRB comes amid a whirlwind of litigation about Trump’s power over the executive branch of government destined for the Supreme Court.

Trump fired Harris and Wilcox soon after taking office and both filed lawsuits arguing that their firings violated a 1935 Supreme Court decision known as Humphrey’s Executor v. United States, which protected members of multi-member boards from firing.

In issuing the unsigned order reinstating the members, the majority cited that decision.

“The Supreme Court has repeatedly told the courts of appeals to follow extant Supreme Court precedent unless and until that Court itself changes it or overturns it,” the unsigned order said.

Earlier this year, amid firing of numerous officials with removal protections, the Trump administration notified Congress it intends to ask the Supreme Court to overturn that 1935 precedent.

District court judges had reinstated both Harris and Wilcox, citing that precedent and federal law protecting them from removal except for “inefficiency, neglect of duty, or malfeasance in office.”

But a three-judge panel of the D.C. Circuit stayed the lower court decisions, allowing Trump to remove Harris and Wilcox while the cases proceeded. Harris and Wilcox then sought review of the full D.C. Circuit, which issued Monday’s order.

Four of the court’s appointees, all from Republican administrations, dissented from Monday’s order. Judge Neomi Rao wrote that the court overstepped its bounds by reinstating executive branch officials fired by the president.

“There is simply no precedent for such expansive judicial directives against officers of the Executive Branch wielding essential executive powers,” Rao wrote.

Judge Sri Srinivasan agreed with the majority, but wrote he would have delayed the order a week to allow the Trump administration to ask the Supreme Court to intervene.

Last month, a three-judge panel ruled against former Special Counsel Hampton Dellinger’s lawsuit to be reinstated to his role, despite similar legal protections from removal.

The cases are Harris v. Bessent et al. and Wilcox v. Trump et al.