DC Circuit Rules 2-1 Trump Can Fire NLRB and MSPB Members Without Cause

A D.C. Circuit panel ruled 2-1 on December 5, 2025 that Trump's firings of NLRB member Gwynne Wilcox and MSPB member Cathy Harris were lawful, reversing a district court that had reinstated both. Judges Gregory Katsas and Justin Walker — both Trump appointees — held that for-cause removal protections for these agencies were unconstitutional because the NLRB and MSPB wield substantial executive power. Judge Florence Pan dissented sharply, warning this was the first appellate ruling to strip a traditional multimember agency of independence. The ruling paved the way for the Supreme Court's review in Trump v. Slaughter.