In Trump v. Wilcox, in an analysis consisting of just 401 words, the Supreme Court dramatically reshaped the federal government and significantly enhanced presidential power. The Wilcox order addressed two separate cases, each of which arose after President Trump purported to remove an official serving on the leadership board of a traditionally independent federal agency. Early in his second term and without specifying any cause, Trump informed both Gwynne Wilcox that he was removing her from the National Labor Relations Board and Cathy Harris that he was removing her from the Merit Systems Protection Board (MSPB). Both Wilcox and Harris had been confirmed by the Senate to terms of service that did not expire until 2028. Both were protected by statute against removal absent cause. In Wilcox, however, the Supreme Court issued an emergency stay that allowed Trump's removals to take effect. The Court issued an exceptionally short opinion justifying the stay, but those few words appeared to vitiate nearly a century of precedent. And they will have enormous ramifications for the structure of government going forward and for presidential control of administrative agencies, even those agencies Congress and past presidents have sought to insulate from political control. The Court did try in a few short words to minimize the impact of Wilcox on perhaps the most important independent regulatory agency—the Federal Reserve—but it remains unclear whether that attempt will be successful.

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Wilcox v. Trump: The Death Rattle of the Independent Agency?

  • Jonathan David Shaub

摘要

In Trump v. Wilcox, in an analysis consisting of just 401 words, the Supreme Court dramatically reshaped the federal government and significantly enhanced presidential power. The Wilcox order addressed two separate cases, each of which arose after President Trump purported to remove an official serving on the leadership board of a traditionally independent federal agency. Early in his second term and without specifying any cause, Trump informed both Gwynne Wilcox that he was removing her from the National Labor Relations Board and Cathy Harris that he was removing her from the Merit Systems Protection Board (MSPB). Both Wilcox and Harris had been confirmed by the Senate to terms of service that did not expire until 2028. Both were protected by statute against removal absent cause. In Wilcox, however, the Supreme Court issued an emergency stay that allowed Trump's removals to take effect. The Court issued an exceptionally short opinion justifying the stay, but those few words appeared to vitiate nearly a century of precedent. And they will have enormous ramifications for the structure of government going forward and for presidential control of administrative agencies, even those agencies Congress and past presidents have sought to insulate from political control. The Court did try in a few short words to minimize the impact of Wilcox on perhaps the most important independent regulatory agency—the Federal Reserve—but it remains unclear whether that attempt will be successful.