Supreme Court defers to president over precedent, allows firing of board members for now

Certain congressionally authorized federal agencies have boards that were designed with protections against abrupt political action by changing presidential administrations. Many of these congressionally created appointees can only be removed for cause, according to the statute. Nonetheless, President Donald Trump ordered removal of members of the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB), arguing that those boards perform executive functions granted under the Constitution to the president. Although it’s still early in the court battle, there may be an important signal of the ultimate outcome.

Stay, just a little bit longer

After his inauguration, the president ordered the removal of a member of the NLRB and a member of the MSPB before the end of their appointed terms. The president is prohibited by statute from removing these officers except for cause, and no qualifying cause was given. Therefore, the District Court for the District of Columbia issued an order enjoining the president from removing them.