The Deep State Just Took A Fatal Blow

Rightguide

Prof Triggernometry
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Appeals Court: Trump Can Remove Dems From 2 Federal Labor Boards​


Friday, 05 December 2025 11:05 AM EST


A U.S. appeals court on Friday said President Donald Trump had the power to fire Democrat members of two federal labor boards, a major victory in the Republican president's bid to rein in agencies meant to be independent from the White House.

The U.S. Court of Appeals for the District of Columbia Circuit in a 2-1 decision said federal laws allowing members of the National Labor Relations Board and Merit Systems Protection Board to be removed only for cause violated the U.S. Constitution.
The D.C. Circuit reversed separate rulings by two judges that had reinstated Cathy Harris to the merit board and Gwynne Wilcox to the NLRB. The Supreme Court in May temporarily paused the lower court rulings.

The NLRB hears private-sector labor disputes and the merit board decides appeals by federal employees who have been disciplined or fired. Because the merit board is often the only legal recourse for federal workers, it could have a key role in reviewing Trump's efforts to purge the federal workforce.
Members of both agencies are appointed by the president, but federal laws allow them to be removed only for cause including inefficiency, neglect of duty, or malfeasance.

Trump fired Harris and Wilcox without such cause in January, the first time a president had removed a member of either agency. He has removed many other officials who would typically keep their jobs in a new administration, including members of other boards and inspectors general who police individual agencies for waste and corruption.

More here: https://www.newsmax.com/us/appeals-court-trump-democrat/2025/12/05/id/1237213/

The blow actually came from the court most favored be the Deep State, the DC Circuit Court of Appeals. Now Trump can proceed to fire these administrative state officials hired by Obama and Biden to undermine the Trump administration.
 
Last edited:
I've read it.
Nothing fatal about it.
You didn't read it. From page 8-9:

"KATSAS, Circuit Judge: These appeals present the
question whether Congress may constitutionally prohibit the
President from removing members of the National Labor
Relations Board and Merit Systems Protection Board without
cause. The district courts upheld the constitutionality of
statutory removal protections for members of these boards.

We reverse
. Under Humphrey’s Executor v. United States,
295 U.S. 602 (1935), Congress may restrict the President’s
ability to remove principal officers who wield only quasi-
legislative or quasi-judicial powers. But under Seila Law LLC
v. Consumer Financial Protection Bureau, 591 U.S. 197
(2020), Congress may not restrict the President’s ability to
remove principal officers who wield substantial executive
power. As explained below, the NLRB and MSPB wield
substantial powers that are both executive in nature and
different from the powers that Humphrey’s Executor deemed
to be merely quasi-legislative or quasi-judicial. So, Congress
cannot restrict the President’s ability to remove NLRB or
MSPB members"

As I’ve said repeatedly across several threads: The President holds sole constitutional authority over every Executive Branch employee. The D.C. Circuit’s decision drives a stake through the fantasy that administrative-state personnel constitute some quasi-independent “fourth branch” exempt from Article II oversight. This ruling reaffirms a simple constitutional reality: executive power belongs to the President, not to career bureaucrats who imagine themselves beyond his reach.
 
You didn't read it. From page 8-9:

"KATSAS, Circuit Judge: These appeals present the
question whether Congress may constitutionally prohibit the
President from removing members of the National Labor
Relations Board and Merit Systems Protection Board without
cause. The district courts upheld the constitutionality of
statutory removal protections for members of these boards.

We reverse. Under Humphrey’s Executor v. United States,
295 U.S. 602 (1935), Congress may restrict the President’s
ability to remove principal officers who wield only quasi-
legislative or quasi-judicial powers. But under Seila Law LLC
v. Consumer Financial Protection Bureau, 591 U.S. 197
(2020), Congress may not restrict the President’s ability to
remove principal officers who wield substantial executive
power. As explained below, the NLRB and MSPB wield
substantial powers that are both executive in nature and
different from the powers that Humphrey’s Executor deemed
to be merely quasi-legislative or quasi-judicial. So, Congress
cannot restrict the President’s ability to remove NLRB or
MSPB members"

As I’ve said repeatedly across several threads: The President holds sole constitutional authority over every Executive Branch employee. The D.C. Circuit’s decision drives a stake through the fantasy that administrative-state personnel constitute some quasi-independent “fourth branch” exempt from Article II oversight. This ruling reaffirms a simple constitutional reality: executive power belongs to the President, not to career bureaucrats who imagine themselves beyond his reach.
I did read it.

Not fatal.
But you keep being all excited about it as you need.
 
It’s remarkable that after all these years Comrade RightGuide still can’t copy and paste worth a damn.

It must be a Russian thing. Americans have no problem with it.
 
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