Justice Department Urges Supreme Court to Reinstate Presidential Authority in Federal Board Member Dismissals

The United States Supreme Court has been approached by the Justice Department with a request to intervene in recent lower court rulings concerning the dismissal of two federal board members by former President Donald Trump. The Justice Department, led by Solicitor General D. John Sauer, seeks to halt the reinstatement of Cathy Harris to the Merit Systems Protection Board and Gwynne Wilcox to the National Labor Relations Board. These reinstatements were ordered by district courts, which found the removals to be unlawful.

Solicitor General Sauer has argued that the district court’s decisions undermine presidential authority and the principle of separation of powers. He contends that the protections against at-will firing, as established in the precedent of Humphrey’s Executor, are limited and do not extend to the members of the NLRB and MSPB. This legal interpretation is central to the Justice Department’s request for emergency relief from the Supreme Court.

The Justice Department’s appeal to the Supreme Court includes a request for a stay on the D.C. Circuit Court’s recent ruling, which temporarily reinstated the board members. Additionally, the department has asked the Supreme Court to consider taking up the case directly, bypassing the U.S. Court of Appeals for the District of Columbia. This move underscores the urgency and significance the Justice Department places on resolving the matter.

The outcome of this legal challenge could have broader implications for the scope of presidential power over independent federal agencies. As the case unfolds, it will be closely watched by legal experts and policymakers, given its potential impact on the balance of power between the executive branch and independent regulatory bodies.