An appeals court ruled Friday that President Donald Trump can fire two board members of independent agencies handling labor issues from their respective posts in the federal government.
A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit agreed to lift orders blocking the Trump administration from removing Merit Systems Protection Board member Cathy Harris and National Labor Relations Board member Gwynne Wilcox.
On March 4, U.S. District Judge Rudolph Contreras ruled that Trump illegally tried to fire Harris. Two days later, U.S. District Judge Beryl Howell ruled that Trump did not have the authority to remove Wilcox.
The Justice Department asked the appellate court to suspend those orders while they appeal the decisions.
President Joe Biden nominated Harris to the MSPB in 2021 and nominated Wilcox to a second five-year term as an NLRB member in 2023.
Circuit Judge Justin Walker, a Trump nominee, said the administration likely will succeed in showing that the statutory removal protections for NLRB and MSPB members are unconstitutional.
“The Government has also shown that it will suffer irreparable harm each day the President is deprived of the ability to control the executive branch,” Walker wrote.
Judge Karen LeCraft Henderson, who was nominated by Republican President George H.W. Bush, wrote an opinion concurring with Walker. Henderson said she agrees with Walker on many of the “general principles” about the contours of presidential power under the Constitution.
Judge Patricia Millett, who was nominated by Democratic President Barack Obama, wrote a dissenting opinion. She said her two colleagues on the case “rewrite controlling Supreme Court precedent and ignore binding rulings of this court, all in favor of putting this court in direct conflict with at least two other circuits.”
“The stay decision also marks the first time in history that a court of appeals, or the Supreme Court, has licensed the termination of members of multimember adjudicatory boards statutorily protected by the very type of removal restriction the Supreme Court has twice unanimously upheld,” Millett wrote.
Government lawyers argued that Trump had the authority to remove both board members. In Wilcox’s case, they said Howell’s “unprecedented order works a grave harm to the separation of powers and undermines the President’s ability to exercise his authority under the Constitution.” They also argued that MSPB members like Harris are removable “at will” by the president.
Wilcox’s attorneys said Trump couldn’t fire her without notice, a hearing or identifying any “neglect of duty or malfeasance in office” on her part. They argued that the administration’s “only path to victory” is to persuade the U.S. Supreme Court to “adopt a more expansive view of presidential power.”
Harris’ attorneys claimed the administration was asking the appeals court to ignore Supreme Court precedent.
“Make no mistake: The government’s radical theory would upend the law,” they wrote. “It would jeopardize not only this board, but also the Federal Reserve Board and other critical entities, like the Securities and Exchange Commission.”
The five-member NLRB lacked a quorum after Wilcox’s removal. The three-member MSPB enforces civil rights law in the workplace.
A court formally arrested the mayor of Istanbul, a key rival to President Recep Tayyip Erdogan, on Sunday and ordered him jailed pending the outcome of a trial on corruption charges.
Mayor Ekrem Imamoglu was detained following a raid on his residence earlier this week, sparking the largest wave of street demonstrations in Turkey in more than a decade. It also deepened concerns over democracy and rule of law in Turkey.
His imprisonment is widely regarded as a political move to remove a major contender from the next presidential race, currently scheduled for 2028. Government officials reject the accusations and insist that Turkey’s courts operate independently.
The prosecutor’s office said the court decided to jail Imamoglu on suspicion of running a criminal organization, accepting bribes, extortion, illegally recording personal data and bid-rigging. A request for him to be imprisoned on terror-related charges was rejected although he still faces prosecution. Following the court’s ruling, Imamoglu was transferred to Silivri prison, west of Istanbul.
The Interior Ministry later announced that Imamoglu had been suspended from duty as a “temporary measure.” The municipality had previously appointed an acting mayor from its governing council.
Alongside Imamoglu, 47 other people were also jailed pending trial, including a key aide and two district mayors from Istanbul, one of whom was replaced with a government appointee. A further 44 suspects were released under judicial control.
Interior Minister Ali Yerlikaya said Sunday that 323 people were detained the previous evening over disturbances at protests.
Largely peaceful protests across Turkey have seen hundreds of thousands come out in support of Imamoglu. However, there has been some violence, with police deploying water cannons, tear gas, pepper spray and firing plastic pellets at protesters in Istanbul, Ankara and Izmir, some of whom hurled stones, fireworks and other missiles at riot police.
The formal arrest came as more than 1.5 million members of the opposition Republican People’s Party, or CHP, began holding a primary presidential election to endorse Imamoglu, the sole candidate.
The party has also set up symbolic ballot boxes nationwide to allow people who are not party members to express their support for the mayor. Large crowds gathered early Sunday to cast a “solidarity ballot.”
“This is no longer just a problem of the Republican People’s Party, but a problem of Turkish democracy,” Fusun Erben, 69, said at a polling station in Istanbul’s Kadikoy district. “We do not accept our rights being so easily usurped. We will fight until the end.”
Speaking at a polling station in Bodrum, western Turkey, engineer Mehmet Dayanc, 38, said he feared that “in the end we’ll be like Russia, a country without an opposition, where only a single man participates in elections.”
In a message posted on social media, Imamoglu called on people to show “their struggle for democracy and justice to the entire world” at the ballot box. He warned Erdogan that he would be defeated by “our righteousness, our courage, our humility, our smiling face.”
“Honestly, we are embarrassed in the name of our legal system,” Ankara Mayor Mansur Yavas, a fellow member of Imamoglu’s CHP, told reporters after casting his vote, criticizing the lack of confidentiality in the proceedings.
CHP leader Ozgur Ozel said Imamoglu’s imprisonment was reminiscent of “Italian mafia methods.” Speaking at Istanbul City Hall, he added: “Imamoglu is on the one hand in prison and on the other hand on the way to the presidency.”
The Council of Europe, which focuses on promoting human rights and democracy, slammed the decision and demanded Imamoglu’s immediate release.
Japan’s trade minister said this week that he has failed to win assurances from U.S. officials that the key U.S. ally will be exempt from tariffs, some of which take effect on Wednesday.
Yoji Muto was in Washington for last ditch negotiations over the tariffs on a range of Japanese exports including cars, steel and aluminum.
Muto said Monday in Washington that Japan, which contributes to the U.S. economy by heavily investing and creating jobs in the United States, “should not be subject to” 25% tariffs on steel, aluminum and auto exports to America.
His meetings with U.S. Commerce Secretary Howard Lutnick, U.S. Trade Representative Jamieson Greer and White House economic advisor Kevin Hassett came just two days before the steel and aluminum tariffs are due to take effect. President Donald Trump has also said a possible 25% tariff on imported foreign autos could take effect in early April.
Muto said the U.S. officials acknowledged Japanese contributions and agreed to continue talks, but did not approve his request for Japan’s exemption from the steep import duties.
“We did not receive a response that Japan will be exempt,” Muto told reporters. “We must continue to assert our position.”
As Trump’s tariff threats have triggered tensions and vows of retaliation from Canada, Mexico and China, Japan has been working to firm up ties with other countries.
Last week, the foreign and trade ministers from Japan and Britain gathered in Tokyo for their first “two-plus-two” economic dialogue. They agreed to stand up for “fair, rules-based international trade,” though nobody directly mentioned Trump.
Japan depends heavily on exports and the auto tariffs would hurt, because vehicles are its biggest export and the United States is their top destination.
“Clearly companies in Japan are very concerned,” said Rintaro Nishimura, political analyst and associate at Japan Practice of The Asia Group. “Obviously the auto is the crown jewel for Japan, especially in the context of these tariffs.” He says they are concerned also because the Trump administration is carrying it out in just two months after taking office.
Trump also has criticized Japan’s contributions to the two countries’ mutual defense arrangements, adding to tensions with Tokyo.
Muto said the two sides agreed to keep discussing to find ways to establish a “win-win” relationship that would serve national interests of both countries.
The two sides also discussed energy cooperation, including joint development of liquefied natural gas reserves in Alaska, which Trump and Prime Minister Shigeru Ishiba agreed on during Ishiba’s visit to the White House in February.
Defense Secretary Pete Hegseth insists President Donald Trump ’s abrupt firing of the nation’s senior military officer amid a wave of dismissals at the Pentagon wasn’t unusual, brushing aside outcry that the new administration is openly seeking to inject politics into the military. He also suggested more firings could come.
“Nothing about this is unprecedented,” Hegseth told “Fox News Sunday” about Air Force Gen. CQ Brown Jr. being removed Friday night as chairman of the Joint Chiefs of Staff. “The president deserves to pick his key national security advisory team.”
Hegseth said “there are lots of presidents who made changes” citing former commanders in chief from Franklin D. Roosevelt to George H.W. Bush to Barack Obama, who the defense secretary said “fired or dismissed hundreds” of military officials.
Months into his first term, Obama relieved Army Gen. David McKiernan as the commander of U.S. forces in Afghanistan. Trump, however, vowed while running for his second term to eradicate “woke” ideologies from the military and moving swiftly to dismiss so many top leaders means keeping a campaign promise.
Hegeseth and Trump have made no secret about focusing on pushing aside military officers who have supported diversity, equity and inclusion in the ranks. The administration says its is on better fortifying a lethal fighting force.
Brown was just the second Black general to serve as chairman. His 16 months in the post were consumed with the war in Ukraine and the expanded conflict in the Middle East. Trump in 2020 nominated Brown as Air Force’s chief of staff.
Trump wants to replace Brown Air Force Lt. Gen. Dan “Razin” Caine, who retired in December. It is unclear what recalling Caine to active-duty service will require. The position requires Caine to be confirmed by the Senate.
Hegseth said Friday’s dismissals affected six three- and four-star generals and were “a reflection of the president wanting the right people around him to execute the national security approach we want to take.”
He called Brown “honorable” but said he is “not the right man for the moment,” without citing specific deficiencies. After the 2020 murder of George Floyd, Brown in a video spoke of his experience as a Black pilot, apparently making him fodder for the Trump administration’s wars against inclusion initiatives in the military.
Of Caine, the Defense secretary said that Trump “respects leaders who untie the hands of war fighters in a very dangerous world.”
Retired Gen. George Casey, commander of U.S. and multinational forces in Iraq from 2004 to 2007 under Republican President George W. Bush, called the firings “extremely destabilizing.” He also noted that the Trump administration can change Pentagon policy without changing personnel, but added, that what happened is “”within the president’s prerogative.”
“That’s his prerogative,” Casey told ABC’s “This Week.” “He is the commander in chief of the armed forces.”
Still, Sen. Jack Reed of Rhode Island, the ranking Democrat on the Senate Armed Services Committee told ABC that the firings were “completely unjustified” and that “apparently, what Trump and Hegseth are trying to do is to politicize the Department of Defense.”
Hegseth was also asked on Fox News about officials potentially compiling lists of more defense officials they plan to fire. He said there was no list but suggested that more dismissals could indeed be coming.
A familiar pattern has emerged since President Donald Trump returned to the White House less than three weeks ago: He makes a brash proposal, his opponents file a lawsuit and a federal judge puts the plan on hold.
It’s happened with Trump’s attempts to freeze certain federal funding, undermine birthright citizenship and push out government workers.
Now the question is whether the court rulings are a mere speed bump or an insurmountable roadblock for the Republican president, who is determined to expand the limits of his power — sometimes by simply ignoring the laws.
Although Democrats may be encouraged by the initial round of judicial resistance, the legal battles are only beginning. Lawsuits that originated in more liberal jurisdictions like Boston, Seattle and Washington, D.C., could find their way to the U.S. Supreme Court, where a conservative majority has demonstrated its willingness to overturn precedent.
“What’s constitutional or not is only as good as the latest court decision,” said Philip Joyce, a University of Maryland public policy professor.
Roughly three dozens lawsuits have already been filed, including by FBI agents who fear they’re being purged for political reasons and families who are concerned about new limitations on healthcare for transgender youth.
The spotlight on the judiciary is brighter because the Republican-controlled Congress has essentially abdicated its role of serving as a check on the presidency. Lawmakers from Trump’s party have acceded to his demands to unilaterally cut spending and fire government watchdogs without proper notice.
That leaves only the courts as a potential guardrail on the president’s ambitions.
In Seattle, U.S. District Judge John Coughenour blocked Trump’s executive order on birthright citizenship, which was intended to prevent the children of parents who are in the country illegally from being automatically considered Americans.
Coughenour described birthright citizenship, which was established by the 14th Amendment, as “a fundamental constitutional right” and he assailed Trump in scathing terms.
“The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,” said the judge, who was nominated by President Ronald Reagan in 1981.
“There are moments in the world’s history where people look back and ask, ‘Where were the lawyers? Where were the judges?’” Coughenour added. “In these moments, the rule of law becomes especially vulnerable. I refuse to let that beacon go dark today.”
The judge had previously called the order “blatantly unconstitutional” when issuing a temporary ruling.
“I’ve been on the bench for over four decades,” Coughenour said then. “I can’t remember another case where the question presented was as clear as this one is.”
Also on Thursday in Boston, U.S. District Judge George O’Toole Jr. paused Trump’s plan to encourage federal workers to resign by offering them paid leave.
O’Toole, who was nominated by President Bill Clinton in 1995, did not express an opinion on the deferred resignation program, which is commonly described as a buyout. He scheduled a hearing for Monday afternoon to consider arguments.
“We continue to believe this program violates the law, and we will continue to aggressively defend our members’ rights,” American Federation of Government Employees National President Everett Kelley said in a statement.
The White House said at least 40,000 federal workers have already agreed to quit in return for being paid until Sept. 30.
“We are grateful to the judge for extending the deadline so more federal workers who refuse to show up to the office can take the administration up on this very generous, once-in-a-lifetime offer,” White House press secretary Karoline Leavitt said in a statement.
It’s unclear which legal battles will reach the U.S. Supreme Court, where justices can choose what cases to consider. But Trump has nominated three out of nine members, and the court has taken an expansive view of presidential power.
