Federal Judge Rules Trump’s Firing of Labor Board Member Illegal

A federal judge has declared that former President Donald Trump’s dismissal of Gwynne Wilcox from the National Labor Relations Board (NLRB) was unlawful. U.S. District Judge Beryl Howell, stationed in Washington, D.C., ruled that Trump lacked the authority to remove Wilcox from her position.

Judge Howell emphasized, “An American president is not a king — not even an ‘elected’ one — and his power to remove federal officers and honest civil servants like plaintiff is not absolute.” She countered the administration’s argument that the Supreme Court might reconsider a longstanding decision that limits presidential power over independent agencies. Howell stated that until the Supreme Court decides otherwise, the existing law supports Wilcox’s continued service.

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The decision was swiftly appealed by the Trump administration. Wilcox had initiated legal action against Trump following her termination alongside the agency’s general counsel, Jennifer Abruzzo, on January 27.

Wilcox’s legal team argued that no president before had attempted to dismiss an NLRB member, stating that board members could only be removed for specific reasons such as “neglect of duty or malfeasance in office,” and only after a formal process involving notice and a hearing. They claimed that the only way Trump could prevail in this case would be for the Supreme Court to endorse a new, broader interpretation of presidential authority that could potentially dismantle independent agencies in the U.S.

During the proceedings, Howell humorously described herself as a “speed bump” on the case’s path to the Supreme Court. Meanwhile, government attorneys contended that members of the NLRB should be “removable at will to ensure democratic accountability,” arguing that reinstating Wilcox would significantly encroach upon the executive branch’s prerogatives.

The Department of Justice lawyers stated, “The President cannot be compelled to retain the services of a principal officer whom the President no longer believes should be entrusted with the exercise of executive power.”

Wilcox holds the distinction of being the first Black woman to serve on the five-member board in its 90-year history. She was confirmed by the Senate for a second five-year term in September 2023.

The NLRB was established by Congress in 1935 with the primary function of resolving disputes related to unfair labor practices. It adjudicated hundreds of cases in the last fiscal year.