A federal appeals court on Monday reinstated two independent agency officials fired by President Trump, setting up a potential showdown at the Supreme Court.
In a 7-4 decision, the full U.S. Court of Appeals for the D.C. Circuit reversed a prior ruling that had sided with the Trump administration in firing Cathy Harris of the Merit Systems Protection Board and Gwynne Wilcox of the National Labor Relations Board. Both were dismissed without cause, despite federal laws stating such firings must be for “inefficiency, neglect of duty or malfeasance.”
The Trump administration argues those removal protections are unconstitutional and may ask the Supreme Court to overturn longstanding precedent that restricts presidential power to remove independent agency officials.
“The Supreme Court has repeatedly told the courts of appeals to follow extant Supreme Court precedent unless and until that Court itself changes it,” the majority wrote.
All seven judges in the majority were Democratic appointees, while the four dissenting judges, including Neomi Rao and Gregory Katsas, were appointed by Trump.
Sources
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