DOJ argues Trump can fire women or older leaders

The Department of Justice recently argued that President Donald Trump could legally fire agency leaders who are women or over the age of 40. This statement was made by Eric McArthur, a deputy assistant attorney general, during a court hearing. He responded to a question from Judge Karen Henderson of the D.C. Circuit Court of Appeals. The discussion arises from two recent cases where judges ruled that Trump had illegally fired two board members. These members are Cathy Harris, from the Merit Systems Protection Board, and Gwynne Wilcox, from the National Labor Relations Board. Both were nominated by former President Joe Biden. Judge Henderson asked if Trump could decide to remove all female agency heads or those over 40 years old. McArthur replied that, in his view, the president has the constitutional authority to do so. However, he acknowledged that this raises other legal questions. Judges in the panel expressed concerns about the implications of such actions. Judge Justin Walker raised the issue of constitutional protections under the 14th Amendment, while Judge Patricia Millett questioned whether wanting to fire people solely based on gender or age is a valid reason. The MSPB and NLRB are important agencies that help protect federal workers and ensure fairness in employee practices. Wilcox notably was the first black woman on the NLRB. Trump's firing of Harris and Wilcox occurred in January and February, and both judges ordered their reinstatement, stating that the president cannot remove these members at will.