REPORT: Appeals court sides with Trump on removing Democratic appointees from independent agencies

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From Washington ExaminerA federal appeals court ruled Friday that President Donald Trump was within legal parameters when he fired Democratic appointees at federal agencies and filled the positions with new board members.

The U.S. Court of Appeals for the District of Columbia Circuit handed down a decision ruling that Trump did not abuse presidential powers when he removed Cathy Harris from the Merit Systems Protection Board and Gwynne Wilcox from the National Labor Relations Board.

The decision marks a reversal of lower court rulings, which argued the removals were improper because of statutory protections insulating the board members from being fired except for limited reasons, including “neglect of duty or malfeasance in office.”

But the appeals court majority ruled that “Congress cannot restrict the President’s ability to remove NLRB or MSPB members” because the two agencies exert substantial executive branch authority.


Wilcox and Harris sued after the Trump administration fired them. They claimed their firings violated laws as cause was required for termination.

The appeals court disagreed, citing differences in labor board structure and executive branch ties.

Read more at Washington Examiner

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