An appeals court has ruled that President Donald Trump can fire two board members of independent labor agencies from their respective posts in the federal government.

A lower court had blocked him from firing leaders at the National Labor Relations Board and Merit Systems Protection Board, in a case that could go to the Supreme Court.

Earlier this month, U.S. District Judge Theodore Chuang, a Maryland-based appointee of President Barack Obama, ruled that Musk and his DOGE allies were likely exercising an unconstitutional amount of power because Musk has not been formally appointed to a Senate-confirmed position. He blocked Musk and DOGE from proceeding with USAID cuts.

A three-judge panel of the Virginia-based 4th U.S. Circuit Court of Appeals ruled 2-1 that a Maryland federal court judge was wrong to conclude that Musk and DOGE likely violated the U.S. Constitution in dismantling the agency.

Trump cut off foreign assistance funding through USAID and State with an executive order Jan. 20, the day he took office. The administration and Musk since then have closed USAID