Chief Justice Pauses Ruling Forcing Trump to Reinstate NLRB, MSPB Employees
Trump is appealing the U.S. Court of Appeals for the District of Columbia Circuit decision.
Supreme Court Chief Justice John Roberts issued a stay in the ruling that would have forced President Donald Trump to reinstate top employees of the Merit Systems Protection Board (MSPB) and the National Labor Relations Board (NLRB).
Chief Justice Roberts has temporarily STAYED two lower court orders that blocked the Trump Administration from firing Cathy A. Harris of the Merit Systems Protection Board and Gwynne Wilcox of the National Labor Relations Board. pic.twitter.com/xl7hXgLDpx
— DW Fan (@daily_wire_fan) April 9, 2025
The U.S. Court of Appeals for the District of Columbia Circuit blocked Trump from firing NLRB member Cathy Harris and MSPB member Gwynne Wilcox.
The case will test whether the 1935 ruling in Humphrey’s Executor v. United States, in which SCOTUS “unanimously upheld removal restrictions for government officials on multimember adjudicatory boards,” will stand.
SCOTUS reaffirmed the ruling in 1958 in Wiener v. United States.
Trump cited Seila Law v. CFPB, claiming “NLRB does not qualify for the exception because it is not balanced on partisan lines and because it exercises executive powers, such as issuing regulations and pursuing enforcement actions in federal court.”
If SCOTUS sides with Trump…that means he could probably fired Federal Reserve Chairman Jerome Powell. Not getting my hopes up.
DONATE
Donations tax deductible
to the full extent allowed by law.
Comments
Maybe Patel has found Robert’s FBI report and given it to Trump.
Roberts has lost control of the courts and he is the only one who hasn’t noticed.
Roberts didn’t lose control of the courts. He never had control of the courts from the first day he was confined as Chief Justice and nobody notice that fact. Except now it’s so totally apparent it cannot be ignored.
“Confined “ is right.
death taxes and now the courts
3 things you can be sure are worikng hard against a good life
It seems that Roberts, having failed to step up once too often, is now being forced to, by circumstances having flown out of control.
I hope this continues.,
Roberts has strong preference for incremental change. He seems to like slowly moving towards an eventual ‘big’ decision with a series of smaller decisions that shift in the direction of the eventual ‘big’ decision.
That’s fine as far as it goes but when coupled with an alarming tendency to avoid taking cases in the wake of those ‘big’ decisions to reinforce the new paradigm created by the ‘big’ decision and remind/kick the lower Courts into compliance …it becomes a problem. The 2A.cases pretty well demonstrate this in action.
The second amendment may be the answer to rogue courts. If our bullshit leaders can’t fix the problem and return this nation to its Republic roots, then the citizenry can pretty much throw off the chains of bondage and choose to reform our government.
A little watering of the tree of liberty may very well become the next move.
I hope not. But failure to act creates a vacuum that may be worse than the rogue judges we now have.
The 2A is the absolutist mentality (which, incidentally, I happen to agree with) that ends the “lesser included” courts.
I.E. Take some of them hostage and the rest fold *OR* SCOTUS declares the court invalid. Which declares the case invalid. Until and unless brought directly to SCOTUS.
At that point, SCOTUS either assumes the case or they dump it as there is no “lesser” court that can take it.
nlrb
another layer created to give the gov control over business
why does lefty keep winning!!!???????
The argument on firing is an interesting one. If all these boards and agencies are exerting executive power by issuing binding rules with the force of law and fining people for violating them then they fall under the executive branch run by The President so he can fire them. I agree with this. It would be massive blow to the permanent administrative state.
Which is a confusing argument, since anyone issuing binding rules with the force of law really ought to fall under the legislative branch,
NONE of the various agencies and administrations should have the power to issue rules or regulations that have the force of law.
Instead, they should serve strictly advisory roles to the executive and legislative branches. It should be up to the Congress to craft bills which would then need to be signed into law by the President.
CORRECT!
And, incidentally, the only correct answer I’ve seen yet.
That’s not how regulation has ever worked, or can ever work. Since the first congress, and before that in the UK, the legislature has made general laws and authorized the executive to make the regulations necessary to implement them. That has always been the design of our government.
What’s needed, though, is for either house of congress to be able to veto any regulation by a simple majority, by saying “That’s not what we meant when we authorized you to make regulations”. It shouldn’t require both houses and the president, since it’s not new legislation, it’s clarifying existing legislation.
This used to be the case, until unfortunately the Supreme Court struck it down in INS v Chadha. In my opinion that decision was wrong, and the current court should reverse it.
But it shouldn’t take an act of Congress to fire workers. Talk about government bloat.
These parasites are hardly workers, they are employees. But your sentiment is entirely correct.
The Founding Fathers counted on Congress jealously guarding its power, they didn’t expect them to give it away like a $5 streetwalker.
What would you expect from 535 people who wouldn’t hesitate to give $5 to a street walker. If they aren’t diddling young girls and boys for free that is.
The, for want of a better word, modern congress person enjoys being able to pass laws that don’t say what will happen by deferring to the Secretary or the Agency. We have allowed that not to mean that it can change radically under every president by appointing new Secretaries and Agency employees. So the congress persons can hide from their decisions by saying they can’t know what is in the law until it is passed.
No one can blame them so they can keep getting elected.
Exactly. This is part of the problem we’re having. Party loyalty is more important now than the power of your own branch. Congress has willingly given away its power. It doesn’t DO very much anymore.
the history of the nlrb is nothing but shamblistic
every gop member should be scolded for not defunding this obvious communist front whose sole (actual) goal is to destabilize the workforce by once again pitting workers vs unions vs leadership
I suspect the word you’re looking for is shambolic, a delightful word almost never seen used outside the UK.
Ambiguous title. Did Roberts stay an order preventing Trump from firing some folks, or did Roberts stay an order which now blocks Trump from firing some people?. Just suggesting you fix it.
Made me click though.
This is nothing but avoidance by Roberts. He will have to hear it in a few weeks but instead of taking it and all of the other bogus cases head-on, he kicks it down the road. Can you imagine him as a combat leader?
I can But deserving of being fragged in a combat zone.
And for all of you miserable sons of bitches looking to call the FBI, my comment is in reference to the abilities of someone being a combat commander, not a SC just us.
The case is not before the Supreme Court. He may well have to hear it in due course, but right now he can’t hear it and shouldn’t. The case has to make its way through the appeals courts first. The question is only what happens in the meantime, and Roberts ruled that the president can fire them for now, and if they end up winning their case they can be compensated.