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Trump Asks Supreme Court to Let Him Fire Agencies’ Leaders

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Trump Asks Supreme Court to Let Him Fire Agencies’ Leaders

The Trump administration asked the Supreme Court on Wednesday to let it remove the leaders of two independent agencies while their challenges to their dismissals move forward in court.

In addition to asking the justices to pause an appeals court ruling requiring the officials’ reinstatements, the administration asked the court to grant review of the cases and schedule arguments at a special session of the court in May, with a decision to follow by July.

“We acknowledge the concerns surrounding litigating and deciding the important questions raised by these cases on such a short timeline,” wrote D. John Sauer, the solicitor general.

But he said the alternative was unacceptable, as it would allow the two agencies, the Merit Systems Protection Board and the National Labor Relations Board, to be overseen by officials hostile to the administration’s goals.

“The president should not be forced to delegate his executive power to agency heads who are demonstrably at odds with the administration’s policy objectives for a single day — much less for the months that it would likely take for the courts to resolve this litigation,” Mr. Sauer wrote.

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If the Supreme Court does not act, he wrote, “the president might be forced to continue entrusting executive power to fired officers for more than a quarter of his four-year term.”

The emergency application was the latest in a series of requests asking the Supreme Court to step in after federal judges blocked the administration’s initiatives on personnel, spending, immigration and citizenship. The court’s rulings on such requests to date have been tentative and technical.

The administration’s emergency application seeks a more categorical ruling, taking aim at a foundational 90-year-old legal precedent that said Congress can limit the president’s power to fire the heads of agencies and so shield them from politics.

Some conservative justices have said they would overrule the precedent, arguing that it unconstitutionally infringed the power of the president to lead the executive branch. That could significantly expand President Trump’s ability to fire the leaders of agencies without cause despite laws requiring a good reason for the terminations.

The U.S. Court of Appeals for the District of Columbia Circuit cited the precedent on Monday, ruling by a 7-to-4 vote that the administration must reinstate Cathy Harris to the Merit Systems Protection Board and Gwynne A. Wilcox to the National Labor Relations Board. Both women had been appointed by President Joseph R. Biden Jr.

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Weakening the power of the two boards is part of President Trump’s campaign to reshape the government and the workplace. The Merit Systems Protection Board reviews federal employment disputes, while the National Labor Relations Board safeguards the rights of private sector workers.

Mr. Trump fired the two officials in February. Though federal laws required him to cite a cause, he gave no reasons.

In Monday’s appeals court ruling, which was unsigned, the majority wrote that a 1935 Supreme Court precedent, Humphrey’s Executor v. United States, barred the firings.

That case concerned a federal law that protected commissioners of the Federal Trade Commission, saying they could be removed only for “inefficiency, neglect of duty or malfeasance in office.”

President Franklin D. Roosevelt nonetheless fired a commissioner, William Humphrey. The only reason he gave was that Mr. Humphrey’s actions were not aligned with the administration’s policy goals.

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Mr. Humphrey died a few months later, and his estate sued to recover the pay he would have received in that time. The Supreme Court unanimously ruled that the firing had been unlawful and that the statute at issue was constitutional.

In 2020, the Supreme Court seemed to lay the groundwork for overruling that precedent in a case involving the Consumer Financial Protection Bureau.

“In our constitutional system,” Chief Justice John G. Roberts Jr. wrote, “the executive power belongs to the president, and that power generally includes the ability to supervise and remove the agents who wield executive power in his stead.”

But the chief justice drew distinctions between agencies led by a single director, like the consumer bureau, and bodies with multiple members, like the two boards. Several justices said they did not think the differences were meaningful.

The general reasoning in the chief justice’s opinion left Humphrey’s Executor on life support. Two members of the court — Justices Clarence Thomas and Neil M. Gorsuch — would have pulled the plug right away.

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“The decision in Humphrey’s Executor poses a direct threat to our constitutional structure and, as a result, the liberty of the American people,” Justice Thomas wrote.

He added: “With today’s decision, the court has repudiated almost every aspect of Humphrey’s Executor. In a future case, I would repudiate what is left of this erroneous precedent.”

The appeals court’s majority said on Monday that it was required to follow the 1935 precedent. If it is to be overruled, the majority said, the Supreme Court must do so.

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Afghan CIA fighters face stark reality in the U.S. : Consider This from NPR

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Afghan CIA fighters face stark reality in the U.S. : Consider This from NPR

A makeshift memorial stands outside the Farragut West Metro station on December 01, 2025 in Washington, DC. Two West Virginia National Guard troops were shot blocks from the White House on November 26.

Heather Diehl/Getty Images


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Heather Diehl/Getty Images

They survived some of the Afghanistan War’s most grueling and treacherous missions. 

But once they evacuated to the U.S., many Afghan fighters who served in “Zero Units” found themselves spiraling. 

Among their ranks was Rahmanullah Lakanwal, the man charged with killing one National Guard member and seriously injuring a second after opening fire on them in Washington, D.C. on Thanksgiving Eve.

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NPR’s Brian Mann spoke to people involved in Zero Units and learned some have struggled with mental health since coming to the U.S. At least four soldiers have died by suicide. 

For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.org. Email us at considerthis@npr.org.

This episode was produced by Erika Ryan and Karen Zamora. It was edited by Alina Hartounian and Courtney Dorning.

Our executive producer is Sami Yenigun.

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Video: Behind the Supreme Court’s Push to Expand Presidential Power

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Video: Behind the Supreme Court’s Push to Expand Presidential Power

new video loaded: Behind the Supreme Court’s Push to Expand Presidential Power

For more than a decade, the Supreme Court’s conservative majority has chipped away at Congress’s power to insulate independent agencies from politics. Now, the court has signaled its willingness to expand presidential power once again.

By Ann E. Marimow, Claire Hogan, Stephanie Swart and Pierre Kattar

December 12, 2025

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Europe’s rocky relations with Donald Trump

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Europe’s rocky relations with Donald Trump

Gideon talks to Jens Stoltenberg, Nato’s former secretary-general, about Ukraine and Europe’s strategic priorities after recent scathing criticism from US president Donald Trump over its failure to end the war: ‘They talk but they don’t produce.’ Clip: Politico

Free links to read more on this topic:

The White House’s rupture with the western alliance

Trump pushes for ‘free economic zone’ in Donbas, says Zelenskyy

Friedrich Merz offers to host Ukraine talks so deal not done ‘above Europe’s head’

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Ukraine’s ‘fortress belt’ that Donald Trump wants to trade for peace

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