May 23, 2025

SCOTUS allows Trump removal of Democrat-appointed federal board members to stand

President Donald Trump finally got a win on the firing front of Democrat-appointed board members.

This week, SCOTUS overruled a lower court stay related to two key appointments, opening the door for Trump to replace the individuals he ousted.

You’re fired

Earlier this year, Trump fired NLRB member Gwynne Wilcox and MSPB Board member Cathy Harris.

Trump has been trying to flush Democrat-appointed board members from the government to install his preferred people in their place.

Democrats, as was predictable, lost their minds over the firings.

Both board members filed suit seeking reinstatement as soon as Trump made the announcement.

Illegal

It did not take long for a Democrat-appointed judge to rule that Trump was in the wrong, stating that he was not a king and did not have the authority to remove these members.

U.S. District Judge Beryl Howell reinstated Wilcox, and blasted Trump in the process.

Howell stated, "An American President is not a king -- not even an 'elected' one -- and his power to remove federal officers and honest civil servants like plaintiff is not absolute.”

Like Wilcox, Harris also drew a Democrat-appointed judge, with the same outcome in the case. The Trump administration appealed, asking the Supreme Court for an emergency stay to block the rulings.

SCOTUS offers relief

Trump scored a rare win on this front, with the Supreme Court approving the removal of the two board members, at least for now.

To be clear, the case is not complete, as the Court stated, “That question is better left for resolution after full briefing and argument.”

The ruling continued, “The stay also reflects our judgment that the Government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty.”

The fact the Court offered its stay has me believing that it is leaning to allowing Trump to replace these members. Now, as I have stated in other posts, a stay is not necessarily predictive of the final ruling, but the language here has me believing that is the direction the Court is headed.

Written By:
Jerry McConway

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