Supreme Court allows Trump to fire independent agency members

nbcnews.com ^ | Lawrence Hurley

[ransomnote]

WASHINGTON — The Supreme Court on Wednesday ordered that, for now, President Donald Trump is not required to reinstate two members of independent federal agencies he wants to fire.

The provisional decision affects Gwynne Wilcox, a member of the National Labor Relations Board, and Cathy Harris, a member of the Merit Systems Protection Board. 

Chief Justice John Roberts issued an order that temporarily blocked lower court rulings that said the two officials should be reinstated.

SNIP

Although the Supreme Court previously upheld protections against members of independent agencies being removed without cause, the current conservative majority has reversed course in recent cases affecting other agencies.

SNIP

Lurking in the background of any effort to overturn the 1935 ruling, Humphrey's Executor v. United States, is whether the president would have the power to fire members of the Federal Reserve, which traditionally operates independently of the White House.

[ransomnote]

I suspect organizations declared 'independent agencies' yet receiving federal funds, are likely extra dirty/corrupt and in need of 'special protection.'

Merit Systems Protection Board (MSPB) - USAspending

Jan 31, 2025 Each year federal agencies receive funding from Congress, known as budgetary resources. In FY 2025, the Merit Systems Protection Board (MSPB) had $29.81 Million distributed among its 1 sub-components. Agencies spend available budgetary resources by making financial promises called obligations. In this section, we show the total budgetary ...

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How was funding distributed in FY 2025 for National Labor Relations Board (NLRB)?

Each year federal agencies receive funding from Congress, known as budgetary resources

. In FY 2025, the National Labor Relations Board (NLRB) had $150.76 Million distributed among its 1 sub-components. Agencies spend available budgetary resources by making financial promises called obligations

SNIP

We also show outlays

for each agency sub-component, or the amount of money that has actually been paid out and not just promised (“obligated”). Note that outlays for any given year are not a subset of the agency’s obligations for that year since agencies can pay out funds related to obligations from previous years.

[MeneMeneTekelUpharsin]

Go to it. Start firing them.

[SomeCallMeTim]

This is a big one. Congress tried to write the law on a way that restricted the Presidents ability to choose who runs these agencies. SCOTUS said NO! This will apply to other agencies . Like, the Fed!

[Dr. Franklin]

If Congress wants an agency to make judicial determinations, then it should create an independent court to handle the cases. If Congress wants to make law, it should do that itself and not delegate it to an agency. Unfortunately, Congress doesn’t, so it becomes a matter for the executive branch to do, and we get the Administrative State.

[Paladin2]

Fire Roberts.

Let him prove that he should continue in the very limited by Article III role he plays.

[Right_Wing_Madman]

This will apply to other agencies . Like, the Fed!

The Fed is a little different. It's a private bank, outside of the executive branch, that was established by an act of Congress in 1913.

Going back to McCulloch vs. Maryland during Andrew Jackson's term, the Supreme Court has consistently recognized Congressional power to form central banks (under the elastic clause and coinage clause of the constitution).

[ARW]

“Allows”…we don’t have three branches.

[Fresh Wind]

From Wikipedia:

United States Merit Systems Protection Board

"There are complaints that the MSPB has gone beyond protecting civil servants from unjustified disciplinary action. Rather, critics allege, the MSPB makes it difficult to fire poor performers or problematic employees even when they have committed violations that would result in termination in the private sector."

[SomeCallMeTim]

Thanks. But weren’t these two agencies set up the same way? As outside the Exe branch. They are not banks. They’re regulatory agencies. But both were set up by acts of Congress and established terms office for the directors ?

[SunkenCiv]

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