D.C. Circuit Upholds Presidential Power to Remove NLRB and MSPB Members Without Cause
On December 5, 2025, the U.S. Court of Appeals for the District of Columbia Circuit upheld President Donald Trump’s removal of former National Labor Relations Board (NLRB) member Gwynne Wilcox and former Merit Systems Protections Board (MSPB) member Cathy Harris, finding that the president has the power to remove NLRB and MSPB officials without cause since both agencies “wield substantial executive power.” Quick Hits The D.C. Circuit upheld President Trump’s power to remove NLRB member Gwynne Wilcox and MSPB member Cathy Harris without cause. The court ruled that statutory “for-cause” removal protections for officials at federal agencies that wield substantial executive power are unconstitutional. The decision addresses constitutional questions about the extent of presidential authority over independent agencies, particularly concerning the removal of officers at agencies established by Congress. In Wilcox v. Trump and Harris v. Bessent , a D.C. Circuit panel majority reversed a...