“Supreme Court Backs Trump in Bid to Remove Biden-Appointed Agency Officials”
On Thursday, the U.S. Supreme Court granted the Trump administration’s request to pause lower court rulings that required federal officials to reinstate two board members at independent federal agencies, pending ongoing litigation.
The unsigned two-page order effectively extends an administrative stay previously issued by Chief Justice John Roberts, halting the lower courts’ orders while the case moves forward in the U.S. Court of Appeals for the D.C. Circuit—and potentially, the Supreme Court itself.
At the center of the dispute are Gwynne Wilcox of the National Labor Relations Board (NLRB) and Cathy Harris of the Merit Systems Protection Board (MSPB), both of whom were appointed by President Joe Biden to terms lasting through 2028. President Donald Trump, during his current term, sought to remove both women from their positions. Wilcox and Harris filed suit in federal court, arguing that their removals violated federal law because the structure of their agencies permits removal only for cause, not at the president’s discretion.
Two federal district court judges agreed and ordered their reinstatement. A three-judge panel of the D.C. Circuit initially blocked those rulings, but the full court later reversed that decision and allowed the original reinstatement orders to stand. The Trump administration then petitioned the Supreme Court to halt the lower court rulings or, alternatively, to take up the case for expedited review.
In its order, the Supreme Court emphasized that the stay reflects the judgment that the government “faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty.”
Justice Elena Kagan dissented in an eight-page opinion, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. She called the majority’s decision “nothing short of extraordinary” and argued that it bypasses established precedent and process.
The case raises constitutional questions about presidential authority to remove officials from independent agencies. Trump’s solicitor general, D. John Sauer, argued that the president’s power to remove Wilcox and Harris is not constrained by Humphrey’s Executor v. United States (1935), the landmark decision that permits Congress to shield commissioners of independent agencies from at-will removal. Sauer contended that this precedent only applies to narrowly defined, expert regulatory bodies that do not wield substantial executive power—criteria he claimed the NLRB and MSPB do not meet.
In contrast, Wilcox and Harris argued that their agencies fit within the scope of Humphrey’s Executor. Harris pointed to the adjudicatory nature of the MSPB, warning that undermining its structure could also place other institutions, including the Federal Reserve, at risk. Wilcox echoed these concerns, noting that the Supreme Court has upheld the NLRB’s structure for nearly a century across multiple administrations.
The Court’s majority declined to address the broader implications for the Federal Reserve, describing it as a uniquely structured, quasi-private entity distinct from the agencies at issue.
In her dissent, Justice Kagan criticized the majority for sidestepping full legal briefing and argument before intervening in what she described as a significant governance matter. She warned that the order “favors the President over our precedent” and risks allowing executive overreach without proper judicial scrutiny.
The case will continue in the appellate courts, but the Supreme Court’s temporary order highlights growing tensions around executive power and the independence of federal regulatory agencies.
Source article posted here: https://www.scotusblog.com/2025/05/supreme-court-allows-trump-to-remove-agency-heads-without-cause-for-now/
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