WASHINGTON (AP) — During a hearing on Tuesday, a Justice Department attorney urged an appeals court to temporarily halt judicial orders that supported two board members dismissed by President Donald Trump from their government positions. The U.S. Court of Appeals for the District of Columbia Circuit’s three-judge panel did not issue an immediate ruling after listening to arguments presented by the attorneys.
On March 4, U.S. District Judge Rudolph Contreras determined that Trump unlawfully attempted to remove Merit Systems Protection Board member Cathy Harris. Two days later, U.S. District Judge Beryl Howell ruled that Trump lacked the authority to dismiss Gwynne Wilcox from the National Labor Relations Board. The Trump administration is requesting a stay of these rulings as they pursue an appeal of the decisions. The appellate court will schedule a hearing to review the government’s appeal.
Government attorneys contend that the judges’ decisions undermine Trump’s ability to exercise his executive authority lawfully. Justice Department attorney Eric McArthur stated, “They are agency heads who report solely to the president.”
The attorneys representing the board members argue that U.S. Supreme Court precedent supports their position. Nathaniel Zelinsky, representing Harris, told the panel, “The government is asking you to disregard centuries of legal precedent.” Deepak Gupta, representing Wilcox, added, “These statutes have been in place for a century, and presidents have abided by them.”
President Joe Biden nominated Harris to the board in 2021, and Wilcox was nominated by Biden for a second term as an NLRB member in 2023. The case was heard by Judges Karen LeCraft Henderson, Patricia Millett, and Justin Walker, with Walker being nominated by Trump in 2020.
