Firing Of Independent Agency

In a closely watched legal battle, the U.S. Supreme Court has issued an emergency order that blocks the reinstatement of two federal officials, siding with the executive branch and delaying the final outcome of the case. The order, which came down over the objection of the Court’s three liberal justices, affects the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB), both of which currently lack enough members to operate fully.

The case centers on whether a sitting president can dismiss members of certain independent federal agencies without cause—an issue that may ultimately reshape the balance of power between the executive branch and regulatory boards.

Although the Supreme Court chose not to fast-track the case for a full hearing this term, it agreed to temporarily pause a lower court ruling that had reinstated the two officials in question: Gwynne Wilcox of the NLRB and Cathy Harris of the MSPB. The challenge will now continue through the normal legal process in the D.C. Circuit Court of Appeals.

In its unsigned opinion, the Court said the pause was necessary to avoid what it called a greater risk to the executive branch if officials removed by the president were allowed to continue exercising authority. “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 opinion read.

The Solicitor General, D. John Sauer, had argued that delaying the president’s authority to remove officials could have long-term effects on the administration’s ability to implement policy. Legal experts expect that the case may return to the Supreme Court in the future for a full review.

The underlying legal question goes back nearly a century, when the Court ruled that Congress could limit the president’s power to remove certain agency officials. However, more recent decisions have started to narrow those protections. Supporters of greater executive authority argue that the Constitution gives the president broad powers to oversee and manage federal agencies.

The case has sparked debate over the structure and independence of agencies like the NLRB and MSPB, which play key roles in federal labor relations and civil service protections. With both boards now missing enough members to conduct regular business, some agency functions remain stalled until the issue is resolved.

In a strongly worded dissent, Justice Elena Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, criticized the majority for acting too quickly. They argued that the Court’s decision appeared to favor one side before the full case could be considered. “The impatience to get on with things… must reveal how that eventual decision will go,” Kagan wrote.

The broader issue of presidential power over federal agencies has gained increased attention in recent years, as both major political parties have reshaped these boards during transitions of power. Previous legal challenges have addressed similar dismissals, such as the firing of agency appointees after changes in administration.

While the immediate effect of the Supreme Court’s decision is limited to a procedural delay, the final outcome of this case could have lasting implications for how future presidents manage and restructure independent agencies across the federal government.