


A federal appeals court ruled Monday that a pair of Democratic labor officials fired by President Donald Trump should be reinstated, setting the stage for an all but certain Supreme Court battle over executive power.
Trump fired Gwynne Wilcox, a member of the National Labor Relations Board, and Cathy Harris, a member of the Merit Systems Protection Board, shortly after his inauguration in January. Wilcox and Harris sued on the grounds their removals violated Supreme Court precedent.
The 7-4 ruling from the full D.C. Circuit on Monday reverses an earlier panel decision that allowed the firings.
The Trump administration has been taking an axe to the independence of such agencies, arguing the president can remove members in the middle of their terms at will. The firings of Wilcox and Harris eliminated quorums at both the NLRB and MSPB, which referee workplace disputes and enforce workers’ rights.
Facing legal pushback to the firings, the White House is hoping to upend a 1935 Supreme Court ruling that protects members of independent boards from presidential meddling. The White House has argued that the precedent, known as Humphrey’s Executor, is unconstitutional.

If the Supreme Court’s conservative supermajority agrees with the administration, it could grant the president new power over the executive branch and bless many of Trump’s legally dubious firings since taking office. Such a ruling could change the way independent agencies and boards operate, likely making them more partisan.
Deepak Gupta, an attorney representing Wilcox, said in a statement he was pleased the full D.C. Circuit had “stepped in to allow Ms. Wilcox to rightfully return to her role” at the NLRB, which enforces collective-bargaining rights in the private sector.
“The Court’s decision today reaffirms 90 years of Supreme Court precedent that protects the independence of agencies like the NLRB,” Gupta said.
Wilcox won temporary reinstatement from a federal judge who wrote in March that Trump broke the law and “fundamentally misapprehends” the Constitution. She returned to the labor board to a cheering staff, as HuffPost reported.
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“If we can’t function … there are people who are waiting every day for our decision,” Wilcox said at the time. “So for every day that a decision is not issued, we are really not doing our jobs.”