The federal appeals court voted EN BANC on Monday to stop the firing of President Donald Trump’s two federal board members, overturning the appeals court’s ruling, clarifying the way for the Trump administration to appeal the case to the Supreme Court.
A US Court of Appeals judge for the District of Columbia Circuit voted 7-4 on Monday to restore the status of National Labor Relations Board (NLRB) members Gwynne Wilcox and Merit Systems Protection Board (MSPB) member Cathy Harris.
The majority cited Humphrey’s Enforcer and Winner v. United States precedents as aid in their decision, noting that the Supreme Court never overturned or reversed decades-old precedents regarding restrictions on elimination of government officials on “multiple ruling boards” including the NLRB and MSPB.
They noted that the Supreme Court has not yet overturned these precedents or otherwise had not directed lower courts to act.
Court of Appeals filed immigration lawsuit blocking Trump administrator’s deportation flights on alien enemies
President Donald Trump signed the act on Monday, March 31, 2025 at the executive order he signed at the White House’s oval office.
“The Supreme Court has repeatedly told the Court of Appeals to follow the existing Supreme Court precedent unless the Court itself has changed or overturned it,” the judge said in its opinion.
Monday’s ruling from the full panel means that, at least for now, both Wilcox and Harris can return to their positions. It could cause a fierce backlash from the Trump administration. The Trump administration is filing accusations of so-called “activist judges” who delayed or stopped some of Trump’s executive orders and actions.
Also, on Monday, the appeals court rejected a request for the Trump administration to stay in the administration.
E. Barrett Prettyman US Courthouse in Washington, DC (Kevin Diet/Getty Images)
The panel found that the administration had not demonstrated a strong possibility of successful successful appeals, and did not grant a stay or showed irreparable injuries if it did not grant a stay, a legal requirement necessary to meet emergency court intervention.
The EN BANC decision overturns a decision reached just 10 days ago by a panel of three judges in the same Court of Appeals. The panel governs 2-1 in the favor of the Trump administration, allowing the dismissal to proceed, and urges plaintiffs to ask the appeal court to hear the case again.
The decision to hear the appeals panel of three courts from the same court, who were awarded on the issue late last month, is likely to be filled with intense scrutiny by Trump and his allies, is that the decision to hear the lawsuit again will be heard again.
It also all ensures that the Trump administration will move swiftly to appeal the matter to the Supreme Court for emergency review.
Judge Boasberg believes Trump’s administrators are lightly emptying.
In this photo illustration, the National Laboration Board (NLRB) logo is seen on your smartphone and the US flag is displayed on your PC screen. (via Getty Images Photo Illustrations by Pavlo Gonchar/SOPA Images/Lightrocket)
Since taking office, Trump has signed more than 300 executive orders and lawsuits, including sweeping personnel, restructuring federal agencies, and creating so-called government efficiency.
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Critics argue that the early surge in enforcement actions ensured an additional level of legal scrutiny, and that judges competed to consider the overwhelming wave of cases and lawsuits filed by or on behalf of agency employees.
The Trump administration sued the Supreme Court for early losses. This is a strategy that appears to be poised to continue with the end of the NLRB and MSPB.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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