A federal judge has ruled that President Donald Trump illegally fired Gwynne Wilcox from the National Labor Relations Board (NLRB), ordering that she be reinstated to her position.
U.S. District Judge Beryl Howell, in a decision handed down Thursday, found that Trump did not have the authority to remove Wilcox, emphasizing that the president’s power to dismiss members of independent agencies is not absolute.
“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 in her ruling.
Legal Battle Over NLRB Independence
Wilcox, the first Black woman to serve on the five-member NLRB, sued Trump after he fired both her and the agency’s general counsel, Jennifer Abruzzo, on January 27.
Her attorneys argued that no previous president had attempted to remove an NLRB member before, asserting that board members can only be dismissed “for neglect of duty or malfeasance in office”—and only after due process, including notice and a hearing.
The Trump administration, however, appealed Howell’s ruling and contended that NLRB members should be “removable at will to ensure democratic accountability.” Justice Department lawyers argued that compelling the president to retain Wilcox would be “an extraordinary intrusion on the executive branch.”
Trump’s legal team is expected to take the case to the U.S. Supreme Court, where they may seek to expand presidential authority over independent federal agencies.
Howell, during a hearing, even referred to herself as a “speed bump” on the case’s path to the high court.
Implications for Labor Policy & Presidential Power
The NLRB, created by Congress in 1935, plays a key role in adjudicating unfair labor practice disputes and protecting workers’ rights. In the last fiscal year, the board resolved hundreds of cases affecting unions, employers, and employees nationwide.
Wilcox’s reinstatement marks a significant victory for advocates of independent labor regulation, reinforcing the principle that presidents cannot unilaterally remove NLRB members.
With labor rights and executive power at stake, the Supreme Court’s potential involvement in the case could set a historic precedent for the future of federal agency independence.
