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Excerpt:
The Supreme Court granted President Donald Trump a stay on an order forcing him to reinstate to reinstate Cathy Harris of the Merit Systems Protection Board (MSPB) and Gwynne Wilcox of National Labor Relations Board (NLRB) as the two women fight for their jobs in the courts.
The vote went 6-3. SCOTUS wrote:
The stay reflects our judgment that the Government is likely to show that both the NLRB and MSPB exercise considerable executive power. But we do not ultimately decide in this posture whether the NLRB or MSPB falls within such a recognized exception; that question is better left for resolution after full briefing and argument. The stay also reflects our judgment that the Government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty.
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A stay is appropriate to avoid the disruptive effect of the repeated removal and reinstatement of officers during the pendency of this litigation.
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