The US Supreme Court must intervene.
A radical Biden-appointed federal judge on Wednesday ruled President Trump does not have the authority to fire a member of the Federal Labor Relations Board.
US District Judge Sparkle Sooknanan said Trump’s firing of Tsui Grundmann, a federal employee that handles labor disputes, was unlawful.
President Trump fired Susan Tsui Grundmann from the federal labor relations board last month.
Grundmann sued the Trump Administration and claimed her firing was a violation of federal law that says members of her agency can only be removed “for inefficiency, neglect of duty, or malfeasance in office.”
Last Friday the Trinidadian and Tobagonian-born judge appeared skeptical of a President’s authority to fire a member of the labor board and suggested it encroached on powers of the legislative branch.
On Wednesday, Judge Sparkle Sooknanan cited Humphrey’s Executor and said Congress created the Federal Labor Relations Authority.
“The Supreme Court first blessed that approach in 1935 when it rejected the President’s claim of “illimitable power of removal” over all federal officers, Humphrey’s Ex’r v. United States, 295 U.S. 602, 629 (1935), instead holding that our Constitution gives Congress the power to “create expert agencies led by a group of principal officers removable by the President only for good cause.”” the judge wrote in a 35-page opinion.
“Congress created the Federal Labor Relations Authority (FLRA) to impartially manage and resolve disputes surrounding labor organization in the federal workforce. The independence of the FLRA was central to its creation, as Congress wanted to ensure a fair, consistent, and unbiased process for managing federal labor relations that would not shift with political whims. To achieve this goal, Congress decided to give the three Members of the FLRA a limited statutory protection from removal by the President. They could be removed only for inefficiency, neglect of duty, or malfeasance in office during their staggered five-year terms, and only after notice and a hearing,” the judge wrote.
Radical Biden and Obama judges have used this same Humphrey’s Executor argument involving Trump’s firing of other Biden holdovers such as Hampton Dellinger, Cathy Harris and Gwynne Wilcox.
A federal judge last Thursday reinstated Labor Board leader Gwynne Wilcox and called Trump’s firing a “blatant violation of the law.”
This case will likely head to the US Supreme Court where the justices may overturn Humphrey’s Executor.
Justice Clarence Thomas previously blasted the 1935 decision known as Humphrey’s Executor.
“Humphrey’s Executor poses a direct threat to our constitutional structure and, as a result, the liberty of the American people . . . Our tolerance of independent agencies in Humphrey’s Executor is an unfortunate example of the Court’s failure to apply the Constitution as written. That decision has paved the way for an ever-expanding encroachment on the power of the Executive, contrary to our constitutional design,” Justice Thomas wrote.
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