In Washington D.C., a notable decision was made by a federal judge on Thursday concerning the legality of President Donald Trump’s decision to dismiss a member of an independent labor agency. The ruling dictates that the fired member, Gwynne Wilcox, must be allowed to resume her role at the National Labor Relations Board (NLRB).
U.S. District Judge Beryl Howell declared that Trump’s action to remove Wilcox from her position was without proper authority. She emphasized that presidential powers do not grant absolute authority to dismiss federal officers and civil servants. Howell highlighted that while the administration suggests a potential Supreme Court reversal of a long-standing precedent limiting such powers, current laws still support Wilcox retaining her position.
In response, the Trump administration promptly placed an appeal against the decision. Wilcox had initiated legal action following her and another official, Jennifer Abruzzo, being ousted on January 27. Wilcox’s legal team pointed out that no prior president had attempted to terminate a member of the NLRB, arguing these positions are protected from arbitrary dismissal unless there is proven negligence or misconduct, with due process being followed.
Wilcox’s lawyers indicated that Trump’s only chance in this case would rely on convincing the Supreme Court to view presidential power expansively enough to challenge the independence of such agencies. During discussions, Howell humorously remarked that she might only momentarily delay the case’s potential journey to the Supreme Court.
On the other hand, attorneys representing the government argued for the ability to remove NLRB members without cause to preserve democratic governance. They regarded reinstating Wilcox as an undue interference with executive authority, expressing that the president should not be forced to retain a principal officer no longer deemed fit for executive duties.
Significantly, Wilcox has the distinction of being the first Black woman to have served on the board, marking her notable impact on the NLRB since its establishment. Her reappointment to a subsequent five-year tenure was confirmed by the Senate in September 2023. Congress initially set up the board in 1935 to mediate disputes over unfair labor practices, resolving numerous cases annually.
