High Court Allows Trump to Fire Independent Agency Board Members

The Supreme Court (SC) has allowed the Trump administration to oust two board members who oversee independent agencies—for now.

The ruling has long rankled conservative legal theorists, who argue it wrongly curtails the president’s power.

The action seems to signal the court’s support for Trump’s effort to remove limits on his power to hire and fire, Sarah Naffa reported for the Associated Press (AP).

Chief Justice John Roberts, who handles emergency appeals from the nation’s capital, signed an order pausing a ruling from the federal appeals court in Washington that had temporarily restored the two women to their jobs.

It’s not clear why Roberts would have paused the appellate ruling unless he and his colleagues believe it was likely wrong.

The immediate issue confronting the justices is whether the board members, both initially appointed by Democratic President Joe Biden, can stay in their jobs while the larger fight continues over what to do with a 90-year-old SC decision known as Humphrey’s Executor.

In that 1935 case, the court unanimously held that presidents cannot fire independent board members without cause.

The ruling has long rankled conservative legal theorists, who argue it wrongly curtails the president’s power. Roberts was part of the current conservative majority on the SC that already narrowed its reach in a 2020 decision.