NEWS: Sen. Schumer filed cloture on Lauren McFerran for another term on the National Labor Relations Board. If she's confirmed Democrats will maintain a majority on the board until 2026.
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There is an active theory that if Democrats confirm McFerran Trump will seek to fire her to get a Republican majority. That would certainly lead to litigation.
But if Dems don't confirm McFerran, Trump could gain a majority on the board right away with no legal fight.
Presidents may fire NLRB Board Members ONLY for "neglect of duty or malfeasance in office, but for no other cause," NLRA Sec. 3(a). There's no way that Lauren McFerran can be credibly accused of "malfeasance." The Senate should not hold back on confirming her, for fear of what Trump might do.
The general counsel is not the board membership.
Trump will surely fire the GC, an unconfirmed position. Trying that with a confirmed board member with a set term is a different matter.
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But if Dems don't confirm McFerran, Trump could gain a majority on the board right away with no legal fight.
Trump can do whatever courts let him get away with.
Trump will surely fire the GC, an unconfirmed position. Trying that with a confirmed board member with a set term is a different matter.
https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act#:~:text=Any%20member%20of%20the%20Board,but%20for%20no%20other%20cause.