NLRB & MSPB removal update

DC Court of Appeals holds that Congress may not constitutionally prohibit the President from removing members of the National Labor Relations Board and Merit Systems Protection Board without cause.

The court said, “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.  So, Congress cannot restrict the President’s ability to remove NLRB or MSPB members.”

Harris v. Bessent (DC Cir 12/05/2025) [PDF].