Supreme Court Chief Justice John Roberts, who handles emergency appeals from the nation’s capital, signed an order pausing a ruling from the federal appeals court in Washington that had temporarily restored the two women to their jobs. It’s not clear why Roberts would have paused the appellate ruling unless he and his colleagues believe it was likely wrong.
The immediate issue confronting the justices is whether the board members, both initially appointed by Democratic President Joe Biden, can stay in their jobs while the larger fight continues over what to do with a 90-year-old Supreme Court decision known as Humphrey’s Executor. In that case from 1935, the court unanimously held that presidents cannot fire independent board members without cause.
- The ruling has long rankled conservative legal theorists, who argue it wrongly curtails the president’s power. Roberts was part of the current conservative majority on the Supreme Court that already narrowed its reach in a 2020 decision. Soon the top court could narrow it further or jettison it altogether.
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