The D.C. Circuit Court of Appeals has denied the federal government’s request to stay lower court rulings that reinstated NLRB Member Gwynne Wilcox and MSPB Member Cathy Harris after President Trump removed them. The April 7 decision reinstates both officials to office while their appeals are pending, a move that underscores the significant weight the courts still give to the Humphrey’s Executor precedent.
What Happened
After taking office, President Trump attempted to remove Wilcox and Harris from their positions on two independent, adjudicatory federal boards. Both appointees pushed back, citing the statutory “for cause” protections that limit at-will removal from boards like the NLRB and MSPB.
District courts agreed and issued strong rulings blocking the removals. The government appealed and requested a stay, essentially pausing the proceedings while the appeal was pending. A panel granted that request. But this week, the full D.C. Circuit vacated that stay and denied the government’s appeal.
Why It Matters
Wilcox’s return to the NLRB restores a quorum, meaning the agency can return to work for the time being.
What the Court Said
This case re-centers a key question for employers: how much authority does the President have to remove officials from independent labor agencies?
According to the court, not much — unless the Supreme Court says otherwise.
Despite growing pressure to revisit or narrow Humphrey’s Executor, the D.C. Circuit made it clear: that’s SCOTUS’s call, not ours.
The majority rejected the government’s argument that Seila Law and Collins v. Yellen had implicitly undercut Humphrey’s Executor. Instead, they emphasized that until the Supreme Court overturns the precedent, the lower courts are bound to follow it.
The government, the court found, had not shown a “strong likelihood” of success on the merits of its appeal — the key standard for issuing a stay. The court also dismissed the executive branch's arguments of irreparable harm.
For now, employers should assume continuity at the Board and plan accordingly.
