A three-judge panel ruled Friday that President Donald Trump’s firings without cause of Cathy Harris and Gwynne Wilcox, Democratic members on the Merit Systems Protection Board and the National Labor Relations Board, were lawful.

The split 2-to-1 panel decision of the D.C. Circuit Court of Appeals has no immediate effect, since both Harris and Wilcox’s firings were finalized in May. But Friday’s ruling comes as the Supreme Court is expected to soon hear arguments on whether to overturn a 90-year-old ruling known as Humphrey’s Executor — a decision that could expand Trump’s power to shape independent agencies.

In the 1935 Supreme Court ruling on Humprey’s Executor, the justices unanimously found that commissioners can be removed only for misconduct or neglect of duty, effectively limiting when presidents can fire board members.

But when Judges Gregory Katsas and Justin Walker ruled Friday in favor of Trump’s firings of Harris and Wilcox, they argued that MSPB and NLRB fall outside the limitations stemming from Humphrey’s Executor, and that the president can still “remove principal officers who wield substantial executive power.”

“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,” the judges wrote. “So, Congress cannot restrict the President’s ability to remove NLRB or MSPB members.”

Judge Florence Pan, the dissenting panel member and a Biden appointee, argued that the two agencies do fall under the scope of Humphrey’s Executor, and that maintaining the independence of MSPB and NLRB is critical. She wrote that the Trump administration’s “extreme view of executive power sharply departs from precedent.”

“We may soon be living in a world in which every hiring decision and action by any government agency will be influenced by politics, with little regard for subject-matter expertise, the public good, and merit-based decision-making,” she wrote.

The MSPB is an independent agency responsible for adjudicating appeals from federal employees who allege prohibited personnel practices by their agencies. The NLRB investigates unfair labor practices in the private sector and oversees union elections. Both boards are typically composed of members of both political parties.

Trump fired both Wilcox and Harris within his first few weeks in office, but did not point to a specific reason for the terminations. Wilcox and Harris, both of whom were Democratic board members, sued the president over their removals, arguing that they are protected by a federal law meant to ensure MSPB and NLRB’s independence from political considerations — and that the president can only remove them “for inefficiency, neglect of duty, or malfeasance in office.”

Though a federal judge initially ruled the two terminations were unlawful, the Supreme Court reversed that decision in May, effectively green-lighting the finalization of the board members’ firings earlier this year.

In its May decision, the Supreme Court indicated that it was likely “that both the NLRB and MSPB exercise considerable executive power,” which it said would make restrictions on the president’s ability to fire them unconstitutional. Friday’s panel ruling aligns with the Supreme Court’s initial arguments.

The Supreme Court is expected to hear arguments Monday on Trump’s firing of Rebecca Slaughter, a Democratic member of the Federal Trade Commission — a case that may further influence the outcome of both Harris and Wilcox’s terminations.

The Associated Press contributed reporting.

The post Appeals court backs Trump’s firings of MSPB, NLRB members first appeared on Federal News Network.

Former Environmental Protection Agency employees who were fired after signing a letter criticizing the Trump administration are now appealing their dismissals before the Merit Systems Protection Board.

The six former EPA employees, who were among roughly 140 workers who signed a “declaration of dissent” in June, argued their firings were not only an illegal response to exercising their First Amendment rights, but also a form of retaliation for “perceived political affiliation,” and executed without cause.

The former employees are represented by attorneys at several law firms in the MSPB case, including the Public Employees for Environmental Responsibility (PEER).

“Federal employees have the right to speak out on matters of public concern in their personal capacities, even when they do so in dissent,” Joanna Citron Day, general counsel for PEER, said Wednesday. “EPA is not only undermining the First Amendment’s free speech protections by trying to silence its own workforce, it is also placing U.S. citizens in peril by removing experienced employees who are tasked with carrying out EPA’s critical mission.”

An EPA spokesperson declined to comment, stating that the agency has a longstanding practice of not commenting on pending litigation.

The June dissent letter from EPA employees warned that the Trump administration and EPA Administrator Lee Zeldin were “recklessly undermining” the agency’s mission, and criticized the administration’s policies on public health and the environment. The letter led EPA to launch an investigation into employees who signed the letter, resulting in at least eight probationary employees and nine tenured career employees receiving termination notices. Dozens more who signed the declaration were suspended without pay for two weeks, according to the American Federation of Government Employees.

Justin Chen, president of AFGE Council 238, which represents EPA employees, said the firings of these employees added to a “brain drain” at EPA, on top of other workforce losses stemming from the deferred resignation program (DRP) and other actions from the Trump administration this year.

“These were subject matter experts — extremely talented people who were working on behalf of the American public to protect them,” Chen said in an interview. “The loss of these people will be felt for quite some time. And honestly, the intent of this action is to put a chilling effect on the rest of the civil service.”

A termination notice delivered to one of the EPA employees shows that in response to concerns of free speech and whistleblower protection violations, the agency’s general counsel office stated that it believed the issues raised “do not outweigh the seriousness of your offense.”

“The Agency is not required to tolerate actions from its employees that undermine the Agency’s decisions, interfere with the Agency’s operations and mission, and the efficient fulfillment of the Agency’s responsibilities to the public,” the termination letter reads. “You hold a trust-sensitive position that requires sound judgement and alignment with the Agency’s communication strategies.”

Despite the employee having a high performance rating and a lack of disciplinary history, the termination letter stated that “the serious nature of your misconduct outweighs all mitigating factors.”

“I also considered that you took no responsibility for your conduct, which reflects a lack of acknowledgment of the seriousness of your actions and raises concerns about your ability to exercise sound judgment and undermines your potential for rehabilitation,” the letter reads.

In August, EPA leadership also canceled all its collective bargaining agreements and told its unions it would no longer recognize them. The decision came after an appeals court allowed agencies to move forward with implementing President Donald Trump’s March executive order to terminate union contracts at a majority of federal agencies.

“If we still had our collective bargaining rights, none of this would have happened in the first place. We would have immediately filed grievances,” Chen said. “[With the MSPB appeal] our hope is that these employees get everything back — that they will have full reinstatement and full back pay.”

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