Chief Justice John Roberts signed an order pausing a ruling from the federal appeals court in Washington that had temporarily restored the two women to their jobs. They were separately fired from agencies that deal with labor issues, including one with a key role for federal workers as Trump aims to drastically downsize the workforce.
Roberts handles emergency appeals from the nation's capital. He called for the two board members, Gwynne Wilcox of the National Labor Relations Board and Cathy Harris of the Merit Systems Protection Board, to weigh in by early next week.
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 has narrowed its reach in a 2020 decision.
Soon the high court could narrow it further or jettison it altogether.
In its emergency appeal, the administration also suggested the justices should take up and decide the broader issue of presidential power. The court could hear arguments at a special session in May and issue a decision by early summer, Solicitor General D. John Sauer wrote.
