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A federal judge in Washington ruled Thursday that President Donald Trump’s firing of National Labor Relations Board (NLRB) member Gwynne Wilcox was unlawful, declaring that she must be reinstated.
U.S. District Judge Beryl Howell, in a 36-page decision, found that Trump’s removal of Wilcox violated federal law, which states that NLRB members can only be dismissed for “neglect of duty or malfeasance in office.” She called the termination void and a clear overreach of presidential power.
“Under our constitutional system, such checks, by design, guard against executive overreach and the risk such overreach would pose of autocracy,” Howell wrote. “An American president is not a king—not even an ‘elected’ one.”
Trump’s Firing of Wilcox Declared Illegal
Wilcox, appointed by former President Joe Biden and confirmed to a five-year term in September 2023, was designated chair of the board in December 2024. Shortly after returning to office, Trump removed Wilcox as chair and fired her from the NLRB in January, citing that she was not “operating in a manner consistent with the objectives of my administration.”
Wilcox, 71, said she was “stunned” when she received the letter from the White House informing her of her termination. “I handled cases where workers were fired and retaliated against for their conduct, but I never imagined that I would be the person being fired for doing my job,” she told CBS News.
Court Cites Precedent in Ruling Against Trump
Judge Howell pointed to a 1935 Supreme Court ruling, Humphrey’s Executor v. United States, which limits the president’s ability to remove officials from independent regulatory commissions. “His attempt to do so here is blatantly illegal,” she wrote, adding that neither the Constitution nor historical precedent grants the president absolute removal authority.
She criticized Trump for portraying himself as a king, referencing a White House social media post showing the president wearing a crown with the caption, “long live the king.”
“The president’s interpretation of the scope of his constitutional power—or, more aptly, his aspiration—is flat wrong,” Howell stated.
Legal Battle Could Head to Supreme Court
The decision paves the way for a potential Supreme Court battle, where Trump’s administration is expected to challenge Humphrey’s Executor. Acting Solicitor General Sarah Harris previously indicated the administration believes the precedent should be overturned.
With a 6-3 conservative majority, the Supreme Court has recently expanded presidential power over executive branch officials. Justices Clarence Thomas and Neil Gorsuch have signaled their willingness to overturn Humphrey’s Executor, with Thomas previously writing that the precedent poses a “direct threat to our constitutional structure.”
The case could become a landmark decision on presidential authority, labor rights, and the balance of power between Congress and the executive branch.
