- Federal judges ruled Trump violated statutory protections for agency officials
- DOJ claims unprecedented erosion of executive branch authority
- Case tests 1935 Supreme Court precedent limiting presidential removal powers
- Ruling could impact 450+ quasi-judicial federal positions
The DC Circuit Court's three-judge panel heard heated arguments Thursday about the constitutional limits of presidential power. At stake: whether Donald Trump unlawfully attempted to remove Merit Systems Protection Board member Cathy Harris and NLRB Commissioner Gwynne Wilcox – both Biden appointees protected by federal tenure statutes.
Legal analysts note this case revives the 89-year-old Humphrey's Executor precedent, which prevents presidents from arbitrarily removing independent agency officials. 'This isn't about partisan politics,' explained constitutional law professor Emily Buchanan. 'It's about maintaining the delicate balance between presidential oversight and agency independence.'
The Justice Department's controversial position argues modern governance requires unilateral removal authority. However, NLRB attorneys counter that accepting this reasoning would destabilize 28 federal agencies employing over 1.2 million civil servants. A 2022 Brookings Institute study reveals presidents have historically respected these protections, with only 17 attempted removals since 1980.
Regional implications emerged during arguments, with Judge Henderson questioning how the ruling might affect similar cases in the 9th Circuit's jurisdiction. In 2021, California's tech oversight board successfully blocked a gubernatorial removal attempt using similar statutory arguments – a precedent that could influence this federal decision.
With Walker's Trump-era appointment creating potential bias concerns, court watchers predict a 2-1 split decision. The ruling's timing remains critical, as 35 pending agency appointments await Senate confirmation. As workforce protections clash with executive authority, this case may redefine presidential power for generations.
