An appeals court on Monday ordered the temporary reinstatement of two agency leaders President Donald Trump fired, teeing up a likely challenge at the Supreme Court.
The full D.C. Circuit Court of Appeals ruled 7–4 to reverse a panel decision that allowed Trump to fire Cathy Harris of the Merit Systems Protection Board and Gwynne Wilcox of the National Labor Relations Board.
The court’s opinion cited Supreme Court precedent in two cases that “upheld removal restrictions for government officials on multimember adjudicatory boards.” The judges wrote that the government did not show it was likely to succeed in its claim that “allowing the district court’s injunctions to remain in place pending appeal is impermissible.”
