Appeals Court Lets Trump Remove Another Democrat From Independent Agency

New York Times

3 days ago

A federal appeals court cleared the way on Thursday for President Trump to remove a Democratic member of the Federal Labor Relations Authority, sidelining her while the White House fights a ruling by a lower court that had reinstated her to the position.
The ruling, affecting Susan Tsui Grundmann, echoed those of several other cases in which courts have supported the president in clearing out individuals appointed by former President Joseph R. Biden Jr. from institutions that conduct oversight of the government and represent the interests of federal workers.
In a brief order, the three-judge panel concluded that the Supreme Court's ruling in May, which involved people serving in similar positions on the National Labor Relations Board and the Merit Systems Protection Board, offered a clear precedent.
In those cases, the Supreme Court determined that even though the people Mr. Trump sought to purge were part of a multimember board that was designed by Congress to be nonpartisan and insulated from political pressure, they nonetheless exercise considerable authority.
Preventing a president from removing those individuals, even without cause, improperly constrained the president's power to accomplish his agenda, the Supreme Court decided.
'The Supreme Court's reasoning fully applies to the F.L.R.A., which possesses powers substantially similar to those of the N.L.R.B.,' the appeals court panel wrote, comparing the Federal Labor Relations Authority to the National Labor Relations Board. All three of the judges were appointed by Mr. Trump.
Ms. Grundmann was confirmed by the Senate in 2022 for a five-year term that would have expired before Mr. Trump was set to leave office.
Among the agency's primary duties are helping to resolve labor complaints and addressing issues arising from collective bargaining among federal workers.
After receiving notice from the White House that she was being removed from the position in February, Ms. Grundmann filed a lawsuit arguing that she could not be removed from the role without clear cause, citing protections enshrined by Congress.
A federal judge in Washington agreed, declaring in June that the firing had been done illegally and ordering that she be reinstated.