U.S. District Judge Beryl Howell has reinstated Gwynne Wilcox, a member of the National Labor Relations Board (NLRB), declaring that President Donald Trump acted illegally when he fired her in January.
The decision underscores the limits of presidential power over independent federal agencies and sets the stage for a potential Supreme Court showdown.
Background of the Case
Gwynne Wilcox, the first Black woman to serve on the NLRB in its 90-year history, was fired by Trump on January 27 alongside the agency’s general counsel, Jennifer Abruzzo.
Wilcox, who was confirmed by the Senate for a second five-year term in September 2023, sued the former president, arguing that her removal violated federal law.
Under the National Labor Relations Act, NLRB members can only be removed “for neglect of duty or malfeasance in office” and only after notice and a hearing.
Wilcox’s attorneys stressed that no president had previously attempted to remove an NLRB member, making Trump’s action unprecedented.
Judge Howell’s Ruling
In her ruling on Thursday, Judge Howell firmly rejected the Trump administration’s argument that the president has unlimited authority to remove federal officers.
“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,” Howell wrote.
The judge acknowledged that the Supreme Court might reconsider a 90-year-old precedent limiting presidential removal power over independent agencies.
However, she emphasized that until such a ruling is made, current law clearly supports Wilcox’s reinstatement. Howell humorously referred to herself as a “speed bump” for the case on its way to the Supreme Court during a hearing on Wednesday.
Arguments from Both Sides
Wilcox’s legal team argued that Trump’s actions represented an overreach of executive power.
They contended that the only way Trump could prevail would be if the Supreme Court adopted a “new, more aggressive vision of presidential power” that would effectively dismantle the independence of federal agencies.
In contrast, Justice Department lawyers defended Trump’s actions, asserting that NLRB members should be “removable at will to ensure democratic accountability.” They argued that reinstating Wilcox would be “an extraordinary intrusion on the executive branch” and that the president should not be compelled to retain officers they no longer trust.
Implications of the Ruling
The NLRB, established in 1935, plays a critical role in resolving disputes over unfair labor practices and adjudicated hundreds of cases in the last fiscal year. Wilcox’s reinstatement ensures continuity in the board’s operations, which are vital to maintaining labor rights and addressing workplace conflicts.
However, the Trump administration has already appealed the ruling, setting the stage for a potential Supreme Court battle. The case could have far-reaching implications for the balance of power between the executive branch and independent federal agencies.
Judge Howell’s decision to reinstate Gwynne Wilcox highlights the enduring tension between presidential authority and the independence of federal agencies.
As the case moves toward the Supreme Court, it could reshape the legal landscape governing executive power and the autonomy of institutions like the NLRB.
