NLRB & MSPB members are out, for now, forever

The Supreme Court has weighed in on the President's termination of a member of the NLRB and a member of the Merit Systems Protection Board. Trump v. Wilcox (05/22/2025) [PDF]

 Let me quote the Court: “The stay reflects our judgment that the Government is likely to show that both the NLRB and MSPB exercise considerable executive power.”  

District courts said this was illegal.

Now the Supreme Court has put a stay on those decisions until the case trickles up through the Court of Appeals.

It's pretty clear to me (this was a 6-to-3decision) that the Supreme Court has already made up its mind, and the President is going to win this one.

And meanwhile, both of those agencies are operating without a quorum.

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