President Donald Trump secured a key legal win as a U.S. appeals court ruled he can, for now, remove Democratic members from two independent federal labor boards. The D.C. Circuit Court of Appeals, in a 2-1 decision, paused lower court rulings that had blocked Trump's removal of Cathy Harris from the Merit Systems Protection Board and Gwynne Wilcox from the National Labor Relations Board (NLRB).
The majority, both Republican-appointed judges, found that laws shielding board members from removal without cause likely infringe on presidential authority under the U.S. Constitution. Circuit Judge Justin Walker wrote, “The people elected the President to enforce the nation’s laws,” supporting Trump’s power over executive agencies.
This decision stalls the work of both boards. The NLRB, which handles labor disputes involving private-sector employers and unions, and the Merit Systems Board, which hears federal employee appeals, are now unable to operate due to lack of quorum. Over 8,400 appeals have flooded the merit board since Trump resumed office in January, doubling the usual two-year case load.
Judge Patricia Millett dissented, warning the ruling traps thousands of workers and employers in “legal limbo.” She criticized the majority for undermining long-standing legal precedent protecting agency independence.
White House spokesperson Anna Kelly celebrated the ruling as a major victory confirming Trump’s executive control. Harris, via her lawyer, expressed disagreement and plans to appeal. Wilcox's legal team and the boards have not commented.
Congress originally designed these boards to be impartial and independent, limiting presidential removal powers to cases of “malfeasance,” “neglect of duty,” or “inefficiency.” Trump is the first president to dismiss members from either board, triggering lawsuits that challenge the constitutionality of these protections.
The appeals court will hear the administration’s case in May.