The U.S. Supreme Court on May 22 granted the Trump administration’s emergency request to remove Democrat-appointed members of two independent agencies, the National Labor Relations Board and the Merit Systems Protection Board.

The vote was 6-3 with the Democrat-appointed justices of the High Court—Elena Kagan, Ketanji Brown Jackson and Sonia Sotomayor—all in dissent. 

NLRB is the independent board that decides disputes over regulation in construction labor relations as well as other industries, and NLRB member Gwynne Wilcox will now be removed from the board pending the hearing of a lawsuit challenging her firing at the district and possibly circuit levels of the federal system. WIlcox had three years remaining on her term when President Trump removed her from the board in January. Cathy Harris still has four years left on her term as a member of the Merit Systems Protection Board, a panel that handles employment challenges brought by federal workers. Both were appointed by former President Biden.

While the decision is a temporary one, the language of the court’s two-page order gives weight to the Trump administration’s argument that it has a strong case for removing Wilcox and Harris and will be able to defend those removals successfully even if the case reaches the Supreme Court. During the first Trump administration, the High Court also allowed the removal of the head of a similar quasi-independent agency, the Consumer Financial Protection Board.

Additionally, within the two-page order, there appears to be a specific carve-out for the Federal Reserve, as created in the tradition of the First and Second national banks, essentially insulating it from the order. 

Construction groups generally welcomed certainty around disputes that will be heard, particularly by NLRB while Wilcox’s case is adjudicated by the lower courts.

“Allowing Gwynne Wilcox to remain on the Board while the litigation is pending would result in regulated parties and the NLRB expending significant time and resources to participate in Board proceedings, despite the legal status of these proceedings being in doubt,” said Kristen Swearingen, the Asscociated Builders and Contractors’ vice president of government affairs, who chairs the group’s Center for a Democratic Workplace, which filed an amicus brief in the case supporting the two removals. 

“If President Trump’s termination of Wilcox is upheld by the courts, these proceedings would have to be vacated and restarted. This would be a tremendous waste of resources and leaves the regulated community in a state of immense uncertainty about how to proceed,” the statement continued. 

The Associated General Contractors of America, another construction group whose membership has a majority of non-union contractors, agreed but also lamented continued uncertainty about the ongoing litigation.

“The Supreme Court decision clears the way for the president to appoint members to the board so it can resume its important work soon, ensuring a fair and legal labor relations environment,” said Brian Turmail, vice president of public affairs and workforce at the AGC. “It is worth noting, however, that the court case is not over, since the Supreme Court did not weigh in on the merits of the case.”

North America’s Building Trades Union, which supported keeping Wilcox on the board, was not immediately available for a comment but opposed the Senate Republicans stopping another Biden-appointed member last December by not confirming her appointment.

“Following the election, a debate continues as to who is on the side of workers. Today’s Senate vote blocking the nomination of Lauren McFerran to keep serving on the National Labor Relations Board (NLRB) is an unfortunate reminder that this debate will persist,” NABTU President Sean McGarvey said at the time.