Chief Justice John Roberts Wednesday stayed an appeals court’s order requiring President Donald Trump to reinstate two members of independent federal agencies who were wrongfully dismissed earlier this year.
Roberts’ administrative stay gives the court additional time to consider the Trump administration’s challenge to the reinstatement of National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit Systems Protection Board (MSPB) member Cathy Harris. Roberts asked Wilcox and Harris to respond to Trump’s challenge by April 15th.
Trump fired Wilcox and Harris without cause despite federal laws specifying that NLRB and MSPB members can only be removed by presidents for specific causes, like malfeasance.
Earlier Wednesday, the Trump administration told the Supreme Court it intends to ask justices to overturn Humphrey’s Executor v. U.S., a 90-year-old ruling that prevents presidents from arbitrarily firing certain federal officials like Wilcox and Harris.
The ruling is key to protecting certain federal agencies’ authority to operate without direct control from the White House.
If the court overturns Humphrey’s Executor, Trump would gain extraordinary powers to investigate and penalize private businesses and individuals, tilt elections and use monetary policy for political purposes.
Roberts’ stay cripples the NLRB, which without Wilcox lacks a quorum to take certain actions. It also paralyzes MSPB, leaving it with only one board member.
Wilcox and Harris have now been dismissed and reinstated five times.
This is a developing story. Please check back for additional details.