Chief Justice John Roberts on Wednesday temporarily allowed President Donald Trump to remove two Democrat appointees from federal independent agencies as the Supreme Court considered whether the president had the authority to dismiss them without cause, The Hill reported.
Roberts granted an administrative stay allowing the removal while legal proceedings continue.
The order affects National Labor Relations Board member Gwynne Wilcox and Merit Systems Protection Board Chair Cathy Harris, who were reinstated last week by a lower court ruling that cited Supreme Court precedent protecting independent agency officials from at-will termination.
Roberts' ruling suspends that decision for now, marking another twist in a legal fight that has seen Wilcox and Harris fired, reinstated, and removed multiple times as litigation moves forward.
Trump dismissed both officials earlier this year, arguing they obstructed his administration's policy goals. In separate lawsuits, Wilcox and Harris claimed the firings violated statutory protections that prevent their removal without cause.
"The president should not be forced to delegate his executive power to agency heads who are demonstrably at odds with the administration's policy objectives for a single day — much less for the months that it would likely take for the courts to resolve this litigation," U.S. Solicitor General John Sauer wrote in court filings, Courthouse News Service reported.
Trump's legal team is urging the Supreme Court to bypass the usual appeals process and rule directly on whether statutory limits on the president's removal power over members of the NLRB and MSPB are constitutional. Sauer asked the justices to treat the administration's application as a petition for certiorari before judgment.
"The prudent exercise of equitable discretion requires, at a minimum, that the president's removal decisions remain in effect while litigation remains ongoing," Sauer added.
The MSPB hears employment disputes involving federal workers, while the NLRB adjudicates hundreds of unfair labor practice claims yearly. Both agencies are typically staffed with members serving fixed terms and protected from politically motivated dismissals.
Trump, embracing a broad interpretation of the unitary executive theory, argues he has full authority to remove executive branch officials at will. The Justice Department described the firings as necessary to ensure alignment between the agencies and the president's agenda.
Harris, a gay woman confirmed to the MSPB in 2022 and elevated to chair in March 2024, previously worked on sexual harassment and LGBTQ rights cases. She filed suit after receiving an email termination notice in February.
Wilcox, the first Black woman to serve on the NLRB and as its chair, was similarly dismissed by email just one week after Trump took office, with the administration saying a new board was needed to carry out the president's policies.
On April 2, the D.C. Circuit reinstated both women, finding the dismissals conflicted with legal protections for independent agency members. Though a panel initially stayed that decision, the full court reversed and called for their reinstatement — a ruling now halted by Roberts' administrative stay.
Attorneys for Wilcox and Harris must respond to the government's request by Tuesday.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
© 2025 Newsmax. All rights reserved.