Courts Expand Presidential Powers

Gary Wright II — Fri, 05 Dec 2025 16:14:23 -0500

The US Court of Appeals for the District of Columbia Circuit today in a 2-1 ruling found that the restrictions on the president’s firing power at the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) violate the separation of powers. Trump had fired two Democratic members of the NLRB and MSPB as part of Project 2025's plan to destroy independent federal agencies and expand the powers of the president.

In her dissent, US Circuit Judge Florence Pan said her colleagues’ decision “suggests that no agencies can be independent. Although my colleagues attempt to couch their analysis in narrow terms, they redefine the type of executive power that must be placed under the exclusive command of the President, and effectively grant him dominion over approximately thirty-three previously independent agencies.”

Protection of federal workers was given in a 90-year old precedent with Humphrey’s Executor v. United States. That ruling from 1935 will likely soon be overturned by our corrupt Supreme Court, who on Monday is hearing oral argument for Trump v. Slaughter regarding Trump's attempt to fire the head of the Federal Trade Commission.

Conservatives argue the "unitary executive" legal doctrine gives the president sole authority of the executive branch. That's not only dangerous and erases our independent system of checks and balances, but Congress has enacted tenure-protected terms for independent agency heads to keep those offices free from political interference. It helps keep our government stable.

You can listen to the oral argument live on Monday, and a recording and transcript will be available that afternoon. Here are the Questions Presented by the case:

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Courts Expand Presidential Powers