In an appeal to a federal court on Tuesday, a Justice Department attorney requested the suspension of judicial orders supporting two board members dismissed by President Donald Trump from their government positions. The U.S. Court of Appeals for the District of Columbia Circuit, comprised of a three-judge panel, did not immediately issue a ruling following the arguments presented by attorneys.
U.S. District Judge Rudolph Contreras ruled on March 4 that Trump had unlawfully attempted to remove Merit Systems Protection Board member Cathy Harris. Two days later, U.S. District Judge Beryl Howell concluded that Trump lacked the authority to dismiss Gwynne Wilcox from the National Labor Relations Board. The Trump administration is seeking a temporary hold on these orders while they proceed with their appeal. A future date will be set for the appellate court to review the government’s appeal.
Government lawyers argue that the judges’ decisions hinder Trump’s ability to exercise his executive authority within the law. Justice Department attorney Eric McArthur emphasized, “They are agency heads who answer solely to the president.” The attorneys representing the board members contend that U.S. Supreme Court precedent supports their position. “The government is advocating for the abandonment of established legal principles,” shared Nathaniel Zelinsky, representing Harris, while Deepak Gupta, representing Wilcox, added, “These laws have been in place for a century, and presidents have abided by them.”
Harris was appointed to the board by President Joe Biden 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 during his first presidential term in 2020.
