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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.
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.
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.
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.
“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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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP
The Supreme Court
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The Supreme Court on Monday intervened in New York’s redistricting process, blocking a lower court decision that would likely have flipped a Republican congressional district into a Democratic district.
At issue is the midterm redrawing of New York’s 11th congressional district, including Staten Island and a small part of Brooklyn. The district is currently held by a Republican, but on Jan. 21, a state Supreme Court judge ruled that the current district dilutes the power of Black and Latino voters in violation of the state constitution.
GOP Rep. Nicole Malliotakis, who represents the district, and the Republican co-chair of the state Board of Elections promptly appealed to the U.S. Supreme Court, asking the justices to block the redrawing as an unconstitutional “racial gerrymander.” New York’s congressional election cycle was set to officially begin Feb. 24, the opening day for candidates to seek placement on the ballot.
As in this year’s prior mid-decade redistricting fights — in Texas and California — the Trump administration backed the Republicans.
Voters and the State of New York contended it’s too soon for the Supreme Court to wade into this dispute. New York’s highest state court has not issued a final judgment, so the voters asserted that if the Supreme Court grants relief now “future stay applicants will see little purpose in waiting for state court rulings before coming to this Court” and “be rewarded for such gamesmanship.” The state argues this is an issue for “New York courts, not federal courts” to resolve, and there is sufficient time for the dispute to be resolved on the merits.
The court majority explained the decision to intervene in 101 words, which the three dissenting liberal justices summarized as “Rules for thee, but not for me.”
The unsigned majority order does not explain the Court’s rationale. It says only how long the stay will last, until the case moves through the New York State appeals courts. If, however, the losing party petitions and the court agrees to hear the challenge, the stay extends until the final opinion is announced.
Dissenting from the decision were Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Writing for the three, Sotomayor said that if nonfinal decisions of a state trial court can be brought to highest court, “then every decision from any court is now fair game.” More immediately, she noted, “By granting these applications, the Court thrusts itself into the middle of every election-law dispute around the country, even as many States redraw their congressional maps ahead of the 2026 election.”
Monday’s Supreme Court action deviates from the court’s hands-off pattern in these mid-term redistricting fights this year. In two previous cases — from Texas and California — the court refused to intervene, allowing newly drawn maps to stay in effect.
Requests for Supreme Court intervention on redistricting issues has been a recurring theme this term, a trend that is likely to grow. Earlier last month the high court allowed California to use a voter-approved, Democratic-friendly map. California’s redistricting came in response to a GOP-friendly redistricting plan in Texas that the Supreme Court also permitted to move forward. These redistricting efforts are expected to offset one another.
But the high court itself has yet to rule on a challenge to Louisiana’s voting map, which was drawn by the state legislature after the decennial census in order to create a second majority-Black district. Since the drawing of that second majority-black district, the state has backed away from that map, hoping to return to a plan that provides for only one majority-minority district.
The Supreme Court’s consideration of the Louisiana case has stretched across two terms. The justices failed to resolve the case last term and chose to order a second round of arguments this term adding a new question: Does the state’s intentional creation of a second majority-minority district violate the constitution’s Fourteenth and Fifteenth Amendments’ guarantee of the right to vote and the authority of Congress to enforce that mandate?
Following the addition of the new question, the state of Louisiana flipped positions to oppose the map it had just drawn and defended in court. Whether the Supreme Court follows suit remains to be seen. But the tone of the October argument suggested that the court’s conservative supermajority is likely to continue undercutting the 1965 Voting Rights Act.
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Map: Earthquake Shakes Central California
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
A minor earthquake with a preliminary magnitude of 3.5 struck in Central California on Monday, according to the United States Geological Survey.
The temblor happened at 7:17 a.m. Pacific time about 6 miles northwest of Pinnacles, Calif., data from the agency shows.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Monday, March 2 at 10:20 a.m. Eastern. Aftershocks data is as of Monday, March 2 at 11:18 a.m. Eastern.
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US says Kuwait accidentally shot down 3 American jets
The U.S. and Israel have been conducting strikes against targets in Iran since Saturday morning, with the aim of toppling Tehran’s clerical regime. Iran has fired back, with retaliatory assaults featuring missiles and drones targeting several Gulf countries and American bases in the Middle East.
“All six aircrew ejected safely, have been safely recovered, and are in stable condition. Kuwait has acknowledged this incident, and we are grateful for the efforts of the Kuwaiti defense forces and their support in this ongoing operation,” Central Command said.
“The cause of the incident is under investigation. Additional information will be released as it becomes available,” it added.
In a separate statement later Monday, Central Command said that American forces had been killed during combat since the strikes began.
“As of 7:30 am ET, March 2, four U.S. service members have been killed in action. The fourth service member, who was seriously wounded during Iran’s initial attacks, eventually succumbed to their injuries,” it said.
Major combat operations continue and our response effort is ongoing. The identities of the fallen are being withheld until 24 hours after next of kin notification,” Central Command added.
This story has been updated.
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