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US court rules that Trump can remove Democrats on two federal labor boards

The U.S. Court of Appeals for the District of Columbia Circuit ruled on Friday that President Donald Trump has the authority to dismiss Democratic members from two federal labor boards. This is a significant victory in the Republican president’s attempt to rein in agencies intended to be independent. In a 2-1 ruling, the U.S. Court of Appeals of the District of Columbia Circuit ruled that federal laws allowing removal of members of the National Labor Relations Board or Merit Systems Protection Board only on grounds of misconduct violated the U.S. Constitution.

Circuit Judge Gregory Katsas wrote in a court opinion that because these agencies have significant executive powers, they should answer to the president. Another Trump appointee was Circuit Judge Justin Walker.

In a dissenting view, Circuit Judge Florence Pan said that Congress wanted to protect the boards from political interference by making them independent of the White House. This was done for about 30 other agencies.

Pan, a former Democratic President Joe Biden appointee, wrote: "Under the reasoning of my colleagues, it would appear that no independent agencies can exist legally in this country." The D.C. The D.C. In May, the Supreme Court temporarily suspended lower court rulings.

Requests for comments were not immediately responded to by the White House or Wilcox and Harris' lawyers. The NLRB is responsible for hearing private-sector labor issues, while the merit board hears appeals from federal employees who were disciplined or terminated. The merit board, which is often the only legal remedy for federal employees, could play a crucial role in Trump's purge of the federal workforce.

Both agencies have members appointed by the President, but federal law allows them to be dismissed only for cause, such as inefficiency, negligence of duty, or malfeasance. Trump removed Harris and Wilcox from both agencies in January without any cause, marking the first time that a president has fired a member. He removed other officials, who normally would keep their jobs under a new administration. These include members of other boards as well as inspectors general that monitor individual agencies to check for corruption and waste. On Monday, the Supreme Court will hear arguments over whether Trump has the authority to fire a Federal Trade Commission member. Its decision could establish an important precedent for the president's power to remove members of a variety of federal agencies. In a 1935 decision, the Supreme Court upheld protections against removal for FTC employees. Harris and Wilcox argued that this ruling also applied to their case.

The D.C. Circuit disagreed on Friday, saying that the labor boards were structured differently and had more power than the trade commission. Both labor boards were paralyzed by the removal of Harris and Wilcox, who had already vacated their seats. They lacked enough members to make individual decisions. In October, the U.S. Senate confirmed a Trump nominee for the merit board. This restored a quorum to two members. Two nominees are awaiting votes on NLRB seats.

Legal experts are closely watching the issue, as removing protections could allow Trump to have more direct control of regulation in areas such as trade, energy and antitrust enforcement. Reporting by Daniel Wiessner, Albany, New York. Editing by Alexia Garamfalvi. Matthew Lewis. Peter Graff.

(source: Reuters)