The Supreme Court officially placed a legal firewall around the Federal Reserve, blocking President Trump from removing board members.
In a major ruling issued Thursday, the court told the White House that the Fed is off limits despite Trump being allowed to fire staff from two other federal committees. This legal distinction was made in decisions of 6-3, splitting which agencies the president could interfere with and which agencies could not.
According to the full opinion released by the court, the ruling granted Trump the sacking of former board member of the National Labor Relations Board (NLRB) Gwynne Wilcox and Cathy Harris, who worked for the Merit Systems Protection Board (MSPB).
However, the court emphasized that the case has nothing to do with the Federal Reserve. The judiciary rejected the idea that eliminating these two women would pose a threat to the Federal Reserve’s legal independence.
Court will force Trump to remove members of the board, but separate the Fed
Trump had previously dismissed Wilcox and Harris from his appointed roles. Both women challenged the decision before the court, saying that the president had no legal authority to remove them. A federal judge in Washington, DC agreed with them and blocked the withdrawal.
The decision was upheld by the DC Court of Appeals. However, in April, the Supreme Court stepped in and temporarily lifted those sentences, saying the case needed more time. On Thursday, Justice turned that temporary order into an official order.
In many opinions, the court said, “Because the Constitution gives the President’s enforcement power. He can remove any executive officer who exercises that power on his behalf, subject to the narrow exception recognized by our precedent.” That was their legal basis for allowing Trump to fire Wilcox and Harris.
But the courts have been cautiously saying that this doesn’t mean Trump can do the same to those running the Federal Reserve. When Wilcox and Harris tried to argue that their case could affect the Fed, the court responded bluntly. “We don’t agree.”
The ruling emphasized that the Fed is different from other federal committees. That’s “A uniquely structured semi-private entity following the clear historical traditions of the first and second banks of the United States.”
Federal Reserve System granted special legal protection
The courts didn’t directly control whether Trump or the president could fire anyone with the Fed, but they obviously drew a legal line in the sand. If a future case attempts to challenge the Federal Open Market Committee or the board, the opinion indicates that the court does not support it.
This is important. Because Trump had public tensions with the Fed and especially with the appointed Speaker Jerome Powell under his previous administration, which later sparked criticism.
The court’s legal language suggested that the Federal Reserve is more insulated than other agencies. The judge said the government faced it “A greater risk from an order that allows retired officers to continue to exercise enforcement than would be faced by officers who were mistakenly taken away due to their inability to fulfill their legal duties.”
But once again they pointed out that this logic doesn’t apply to the Federal Reserve. The agency is not likewise considered part of the president’s enforcement structure.
Three liberal justice, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson – opposed the verdict. They believed it was unfair to remove Wilcox and Harris before the case was resolved. However, the majority were not upset. They said that the incident may require more discussion later, but Trump has the right to fire them — at least for now.
Meanwhile, Jerome Powell is already dealing with legal issues directly. While Trump is away and still publicly bashing the Fed, Powell said at a press conference in November that he would not resign if asked by Trump in the flat.It is not permitted by law.”
Discover more from Earlybirds Invest
Subscribe to get the latest posts sent to your email.