Appeals Court Upholds President Trump's Authority to Remove Leaders from Key Federal Agencies

A federal appeals court ruled on December 6, 2025, that President Trump lawfully removed Democratic appointees from two independent agencies, affirming the president's constitutional power to dismiss such officials without cause.

The U.S. Court of Appeals for the District of Columbia Circuit issued a 2-1 decision in consolidated cases involving Merit Systems Protection Board (MSPB) member Cathy A. Harris and National Labor Relations Board (NLRB) commissioner Gwynne A. Wilcox. President Trump fired both in January 2025 as part of efforts to install new leadership aligned with his administration's priorities.

Lower courts had blocked the removals. U.S. District Judge Beryl A. Howell ruled against the NLRB firing, stating it violated statutory protections requiring "cause" for removal, such as neglect of duty or malfeasance. Similarly, Judge Rudolph Contreras ordered Harris reinstated, citing the same legal safeguards.

The appeals panel, led by Circuit Judge Neomi Rao and joined by Judge Justin Walker, reversed those decisions. The majority held that Congress cannot restrict the president's removal authority over principal officers exercising substantial executive power, invoking the Supreme Court's 2020 Seila Law LLC v. Consumer Financial Protection Bureau precedent.

"The NLRB and MSPB exercise considerable executive power," the opinion stated, including rulemaking, enforcement actions like reinstating employees and awarding backpay, and overseeing federal personnel appeals. These functions place the agencies beyond the narrow "for cause" protections upheld in the 1935 Humphrey's Executor case for quasi-legislative bodies.

The ruling aligns with a May 2025 Supreme Court order staying lower court reinstatements of Harris and Wilcox, where Chief Justice John Roberts noted the agencies' executive roles likely render removal restrictions unconstitutional.

This decision precedes Supreme Court arguments on December 9, 2025, in Trump v. Slaughter, which will examine similar protections for Federal Trade Commission members and could expand presidential control over other independent agencies.

The NLRB enforces labor laws, including union elections and unfair practice remedies, while the MSPB reviews federal employee disciplinary actions. Without "for cause" limits, presidents gain direct oversight of these bodies, reinforcing Article II's vesting of executive authority in the president.