TIPSHEET
SCOTUS Hands Trump Another Victory, This Time on Firing Independent Agency Leaders
Rebecca Downs | May 22, 2025 6:45 PM
On Thursday afternoon, the U.S. Supreme Court handed the Trump administration another victory. In an unsigned order, the Court granted the application to stay a ruling from the administration to pause a lower court's ruling about whether members from independent federal agencies can be fired. The order notes that this does not apply to firing members from the Federal Reserve, however.
"Because the Constitution vests the executive power in the President, see Art. II, §1, cl. 1, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents," a key part of the Court's order read early on.
"Finally, respondents Gwynne Wilcox and Cathy Harris contend that arguments in this case necessarily implicate the constitutionality of for-cause removal protections for members of the Federal Reserve’s Board of Governors or other members of the Federal Open Market Committee... We disagree. The Federal Reserve is a uniquely structured, quasi-private entity that follows in the distinct historical tradition of the First and Second Banks of the United States," the order also mentioned about the arguments of those fired members, Wlcox and Harris, of the National Labor Relations Board, and Cathy Harris, a member of the Merit Systems Protection Board," respectively.
As NBC News reported:
WASHINGTON — The Supreme Court on Thursday granted a Trump administration request that allows the president to fire members of independent federal agencies while suggesting that its legal reasoning would not apply to the Federal Reserve.
The move to pause a lower court ruling formalizes a temporary decision along similar lines on April 9 that allowed President Donald Trump to fire Gwynne Wilcox, a member of the National Labor Relations Board, and Cathy Harris, a member of the Merit Systems Protection Board.
"The stay reflects our judgment that the government is likely to show that both the NLRB and MSPB exercise considerable executive power," the court said in an unsigned order.
The government, it added, "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 high court’s three liberal justices dissented.
In a notable passage, the court sought to distinguish the case from any attempt by Trump to fire members of the Federal Reserve, including its chairman, Jerome Powell. The court noted that the Federal Reserve is a "uniquely structured, quasi-private entity" that has its own distinct historical tradition.
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READ MORE: https://townhall.com/tipsheet/rebeccadowns/2025/05/22/scotus-trump-victory-on-firing-independent-agency-leaders-n2657516
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