Tuesday, April 15, 2025

Trump Suffers Legal Blow on Radical Theory



The U.S. Circuit Court of Appeals for the District of Columbia, has Ruled that Trump (R) did Not provide Appropriate Legal Grounds for the Dismissals of Merit Systems Protection Board (MSPB) Member Cathy A. Harris (D) and National Labor Relations Board (NLRB) Member Gwynne Wilcox (D). The Court upheld the Reinstatement of the Board Members, Blocking the Trump Administration's attempt toRremove them.

The Appeals Court Reaffirmed that Longstanding Legal Precedents require clear Justifications for Removing Independent Agency Officials, such as Inefficiency or Misconduct. Trump is Appealing to the Supreme Court, to allow Him to Fire the Two Biden Appointees.

Judge Patricia Millett wrote, “The stay decision also marks the first time in history that a court of appeals, or the Supreme Court, has licensed the termination of members of multimember adjudicatory boards statutorily protected by the very type of removal restriction the Supreme Court has twice unanimously upheld.”

Harris’ Attorneys stated, “Make no mistake: The government’s radical theory would upend the law. It would jeopardize not only this board, but also the Federal Reserve Board and other critical entities, like the Securities and Exchange Commission.”

Harris has Secured a Temporary Restraining Order and a Permanent Injunction from U.S. District Judge Rudolph Contreras after Her Termination. In a 7-4 Vote, the Court has emphasized that the Justice Department (DOJ) Failed to Demonstrate a Strong likelihood of Success on Appeal or that Reinstating the Board Members would cause Irreparable Harm. The Administration argued that Preventing the President from Removing the Officials undermined the Electoral Choices of His Supporters.

Millett stated, “My two colleagues on the case rewrite controlling Supreme Court precedent and ignore binding rulings of this court, all in favor of putting this court in direct conflict with at least two other circuits.” Democratic Nominee Harris was Terminated despite Her Appointment extending until 2028. The Case has Significant Implications for Future Presidential Actions concerning Independent Boards and their Members.

Wilcox's Position remains in Question as the Administration has sought to Challenge the Rulings, setting the Stage for potential further Legal Battles. The Timeline for additional Arguments has been Expedited.










NYC Wins When Everyone Can Vote! Michael H. Drucker


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