The dispute stems from Trump’s efforts to remove two federal officials, Gwynne Wilcox of the National Labor Relations Board and Cathy Harris of the Merits Systems Protection Board, earlier this year. Both women were appointed by then-President Joe Biden for terms that were due to expire in 2028.
Wilcox and Harris went to federal court in Washington, D.C., where they argued that their firings violated federal law because, unlike most federal officials, they can only be removed for good cause.
Less than a week after the D.C. Circuit heard oral arguments in the dispute, the court issued its unsigned opinion. The majority observed that although it would not ultimately decide the issue, the “Government is likely to show that both the NLRB and MSPB exercise considerable executive power.”
The majority also rejected Harris’s suggestion that a ruling for the government could threaten the structure of the Federal Reserve. The Fed, it wrote, “is a uniquely structured, quasi-private entity that follows in the distinct historical tradition of the First and Second Banks of the United States.”
Of course the Supreme Court makes up some precedent again, and then immediately, unprompted, says the Federal Reserve is an exception to that precedent, because, uh, they like it more than agencies that assert people’s rights and freedoms, you know? So, uh, only agencies made in the time when the government only cared for rich white landowner men count as independent from the executive.
Maybe just pretending they have some say over this administration when they can’t or tried enough to enforce any punishment for constitution violation
