Bloomberg Law Harvard Legal Fight & Trump Firings Okayed
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May 28, 2025 Jodie Ferise, a partner specializing in higher education law, tackles Trump's intensifying legal skirmish with Harvard University over educational policies and due process. Lauren McFerran, a former NLRB Chairman, discusses a pivotal Supreme Court ruling allowing Trump to dismiss independent board members, raising alarm about political influence on the NLRB's impartiality. They both delve into the broader implications of these developments for educational institutions and the independence of agency leadership.
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Supreme Court Challenges Agency Independence
- The Supreme Court allowed Trump to fire independent agency members without cause, challenging 1935 precedent Humphrey's Executor.
- This suggests a major shift limiting agency independence in federal government.
Limits of Humphrey's Executor Protection
- Humphrey's Executor remains good law but is heavily constrained by recent rulings.
- The exception protects multi-member independent agencies from removal without cause but courts refuse to expand its scope.
Fed's Independence Not Unique
- The Fed's independence is uniquely recognized by the Court, but rationale is similar to other independent agencies.
- Many agencies need independence to make unpopular but necessary long-term decisions, not just the Fed.