menu_open Columnists
We use cookies to provide some features and experiences in QOSHE

More information  .  Close

Supreme Court ignores precedent instead of overruling it in allowing president to fire officials whom Congress tried to make independent

2 0
previous day

What may be one of the U.S. Supreme Court’s most important and far-reaching rulings in decades dropped in late May 2025 in an order that probably didn’t get a second – or even first – glance from most Americans.

But this not-quite-two-page ruling, as technical and procedural as they come, potentially rewrites a major principle of constitutional law and may restructure the operation of the federal government.

The case is dry in a way only lawyers could love, but its implications are enormous.

The dispute began when President Donald Trump fired two Biden-era officials: Gwynne Wilcox, a member of the National Labor Relations Board, and Cathy Harris, a member of the Merit Systems Protection Board.

The National Labor Relations Board and the Merit Systems Protection Board, like the National Transportation Safety Board and the Federal Reserve, are among more than 50 independent agencies established by Congress to help the president carry out the law. Though technically located within the executive branch, independent agencies are designed to serve the public at large rather than the president.

To ensure these agencies are devoted to their public mission, not the will or whims of a president, congressional statutes generally permit the president to remove leaders of these agencies only for “good cause.” Malfeasance in office, neglect of duty, or inefficiency generally constitute “good cause.”

Other executive branch agencies, such as the FBI, Food and Drug Administration and Department of Homeland Security are entirely under presidential command – if he wants their leaders out, out they go. But independent agencies, in existence since the late 19th century, are to carry out congressional policy free from the president’s purview and his political pressure.

Because independent agencies are creatures of Congress housed within the executive branch, there is long-standing disagreement among scholars about just how much power the president should have over them.

In the two firings, there was agreement that Trump had violated the relevant statute by firing Wilcox and Harris without “good cause.”

He justified Wilcox’s removal, in part, because she did not share his policy........

© The Conversation