D.C. Circuit upholds Trump firings at NLRB, MSPB
In a 2â1 decision on Dec. 5, 2025, the D.C. Circuit ruled President Trump lawfully removed Democratic members Cathy Harris (Merit Systems Protection Board) and Gwynne Wilcox (National Labor Relations Board), holding both agencies wield significant executive power despite statutes permitting removal only for cause. The majority opinion by Judge Gregory Katsas contrasted with a dissent from Judge Florence Pan warning of politicization; the ruling follows a May Supreme Court stay and comes days before the Court hears a related case on presidential removal limits.
đ Key Facts
- Court: D.C. Circuit Court of Appeals; vote 2â1; decision issued Dec. 5, 2025
- Officials: Cathy Harris (MSPB) and Gwynne Wilcox (NLRB) were fired shortly after Trump took office; lower courts initially ordered reinstatement
- Majority by Judge Gregory Katsas finds agencies exercise 'considerable executive power'; dissent by Judge Florence Pan disputes that characterization
- Supreme Court granted an emergency stay in May indicating likely government success and will hear a similar removal-power case Monday
đ Relevant Data
In fiscal year 2023, the federal workforce was 60% White, 19% Black, 10% Hispanic, and about 6% Asian, compared to the U.S. civilian labor force which is approximately 77% White, 12% Black, 19% Hispanic, and 7% Asian.
Federal workforce diversity still lagging in more senior roles â Federal News Network
In 2024, Black workers had a union membership rate of 11.8%, compared to 9.6% for White workers, 8.5% for Asian workers, and 8.5% for Hispanic workers.
Union Membership (Annual) News Release - 2024 A01 Results â Bureau of Labor Statistics
Racial or ethnic minorities in the State Department's Civil Service were 4% to 29% less likely to be promoted than their White coworkers with similar education and experience, according to a 2020 GAO report.
Additional Steps Are Needed to Identify Potential Barriers to Diversity â U.S. Government Accountability Office