Supreme Court Chief Justice Roberts gave Trump another win and allowed him to fire Biden holdovers serving on the Labor Board and Merit Systems Protection Board.
For now.
Justice Roberts granted a stay on the lower court’s order reinstating the Biden holdovers. Robert ordered Gwynne Wilcox and Cathy Harris to respond by next Tuesday.
BOOM. SCOTUS grants stay. https://t.co/SmifE48SZA pic.twitter.com/Gpq6I0btwC
— Margot Cleveland (@ProfMJCleveland) April 9, 2025
President Trump previously fired Cathy Harris, the Democrat chairwoman of the Merit Systems Protection Board, a Biden holdover – she was then rehired by a corrupt Obama judge.
Trump also fired Gwynne Wilcox of the National Labor Relations Board – she was then rehired by a corrupt Obama judge.
In January President Trump fired Biden-appointed Democrat chair of the National Labor Relations Board Gwynne Wilcox and the general counsel of the board.
Trump’s decision to fire pro-union members Gwynne Wilcox and the labor board’s general counsel Jennifer Abruzzo got pushback from the agency and was described as an “unprecedented and illegal” move.
Last month US District Judge Beryl Howell, an Obama appointee, ruled Trump’s firing of Gwynne Wilcox was unlawful.
In a shocking 36-page opinion reviewed by The Gateway Pundit last week, Judge Beryl Howell compared Trump to a “king” or “dictator” and said the president does not have the authority to terminate members of the National Labor Relations Board.
Judge Howell claimed Wilcox’s job falls under “Humphrey’s Executor.”
“The Supreme Court explicitly upheld removal restrictions for such boards when considering removal protections for the commissioners of the FTC in Humphrey’s Executor in 1935, while also recognizing the President’s general authority over removal of executive branch officials,” Beryl Howell wrote.
The Trump DOJ fought back and the DC Circuit Court of Appeals late last month agreed that President Trump indeed has the authority to fire them without cause.
The three judge panel on the DC Circuit Court: Henderson (George W. Bush appointee), Millett (Obama appointee), and Walker (Trump appointee) sided with President Trump on Friday in a 2-1 vote and ordered the DOJ motions for stay be granted.
However, Wilcox asked the court’s entire slate of judges to weigh in (en banc) and the court voted 7-4 to reinstate her.
Although the full Supreme Court did not weigh in on the merits of the Wilcox and Cathy Harris case yet, Justice Clarence Thomas previously blasted the 1935 decision known as Humphrey’s Executor.
“Humphrey’s Executor poses a direct threat to our constitutional structure and, as a result, the liberty of the American people . . . Our tolerance of independent agencies in Humphrey’s Executor is an unfortunate example of the Court’s failure to apply the Constitution as written. That decision has paved the way for an ever-expanding encroachment on the power of the Executive, contrary to our constitutional design,” Justice Thomas wrote.
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