Trump Fires Acting Chair & General Counsel of NLRB
- American Politics
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Trump can fire labor, employment board members without cause: Appeals court
- President Donald Trump may remove members of the National Labor Relations Board and the Merit Systems Protection Board at will, a federal appeals court ruled.
- The 2-1 decision from the Washington, D.C., Circuit Court of Appeals reverses prior rulings blocking Trump’s attempts to fire members of the key labor and employment panels.
- The majority judges, who were both appointed by Trump, noted that they don’t address whether Congress can stop a president from removing members of the Federal Reserve Board of Governors.
The Trump administration is challenging the 90-year-old precedent set by Humphrey’s, which limits the president’s ability to unilaterally remove the heads of certain independent government agencies. The Supreme Court on Monday is set to hear oral arguments in a case that could determine whether Humphrey’s is overturned.
[Dissenting judge] “Under my colleagues’ reasoning, it appears that no independent agencies may lawfully exist in this country,” she wrote. “Their determination that the MSPB cannot be independent ... suggests that no agencies can be independent.”
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