Supreme Court gives Trump go-ahead to fire independent agency members

The Supreme Court ruled on Wednesday that President Donald Trump must not reinstate two members of the independent federal agencies he wishes to fire. Those affected are Gwynne Wilcox, a member of the National Labour Relations Board, and Cathy Harris, a member of the Merit Systems Protection Board.

Chief Justice John Roberts has issued an order which temporarily blocks lower court judgements that ruled the two officials should be reinstated. The court will decide what next steps to take in the case after hearing from lawyers for the two ousted officials.

Although the Supreme Court previously upheld protections against members of independent agencies being removed without cause, the current Conservative majority has reversed course in recent cases affecting other agencies.

Wilcox was appointed by President Joe Biden in 2021 to the body that adjudicates labour disputes. Her five-year term is due to run out in 2026.

Under federal law, the president can only fire members “for neglect of duty or malfeasance in office.” Biden appointed Harris in 2022 to a seven-year term that has similar protections against removal.

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