Supreme Court Pauses Appeals Court Ruling that Would Have Reinstated Harris and Wilcox

Supreme Court Chief Justice John Roberts signed an order to pause a Court of Appeals ruling that would have reinstated independent agency board members Cathy Harris of the Merit Systems Protection Board and Gwynne Wilcox of the National Labor Relations Board.

Roberts handles emergency appeals to SCOTUS. It is not clear why Roberts paused the lower court’s ruling, but this may signal an intention to overrule it.

A unanimous 90 year old Supreme Court precedent called Humphrey’s Executor stipulates that presidents cannot fire independent board members without cause. Conservatives hate this restriction on executive power and have sought for years to shrink or end it.

In its emergency appeal, the government suggested that the Supreme Court also take up the broader issue of how far presidential power extends.

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