A federal appeals court in Washington on Monday reinstated members of the Merit Systems Protection Board and National Labor Relations Board who had been fired by President Donald Trump, escalating fights over Congress’ ability to protect federal officials from removal.
The 7-4 order from the full U.S. Court of Appeals for the District of Columbia Circuit that again reinstated Cathy Harris to the MSPB and Gwynne Wilcox at the NLRB comes amid a whirlwind of litigation about Trump’s power over the executive branch of government destined for the Supreme Court.
Trump fired Harris and Wilcox soon after taking office and both filed lawsuits arguing that their firings violated a 1935 Supreme Court decision known as Humphrey’s Executor v. United States, which protected members of multi-member boards from firing.
