The Supreme Court ruled 6–3 on Thursday to allow President Trump to fire the heads of the National Labor Relations Board and Merit Systems Protection Board, both independent agencies traditionally shielded from political dismissal. Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissented.
Trump had removed Gwynne Wilcox and Cathy Harris, both Biden appointees, despite laws requiring “for cause” dismissals. The unsigned order, though temporary, strongly signals how the Court will ultimately rule when it hears arguments next year.
The case challenges a nearly century-old precedent from Humphrey’s Executor (1935), which bars presidents from firing members of independent boards without cause. While that precedent remains, the current conservative majority has narrowed it—most notably in a 2020 ruling allowing Trump to fire the CFPB director.
Critics, including Justice Kagan, warn the Court is bypassing established legal process to expand presidential authority. Markets were relieved that the ruling exempted the Federal Reserve, calming fears of broader political interference.
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