A federal court has ruled that Gwynne Wilcox's dismissal from the National Labor Relations Board (NLRB) by President Donald Trump was unlawful. The decision maintains her position as a full member of the board. Following her removal, Wilcox initiated legal action against the Trump Administration. On February 28, Attorney General Anne Lopez and a coalition of 20 attorneys general filed an amicus brief supporting Wilcox.
The court stated, “in the ninety years since the NLRB’s founding, the president has never removed a member of the board. His attempt to do so here is blatantly illegal, and his constitutional arguments to excuse this illegal act are contrary to Supreme Court precedent and over a century of practice.”
President Trump announced Wilcox's dismissal on January 27, 2025, during her five-year term, reducing the board to two members and leaving it without a quorum. The amici states contended that a functioning NLRB is essential for enforcing labor laws nationwide.
The NLRB enforces significant American labor laws, including union membership protections and collective bargaining rights. The amici argued that Wilcox's firing created a regulatory gap.
While presidents appoint NLRB members, they can only remove them for neglect or malfeasance. Congress designed this rule to ensure some political independence for the board. The court found that Wilcox was dismissed not for neglect or malfeasance but due to differing political views with Trump's administration. It noted that “as an entity entrusted with making impartial decisions about sensitive labor disputes, the NLRB’s character and perception as neutral and expert-driven is damaged by plaintiff’s unlawful removal.”
The states' amicus brief emphasized that NLRB independence ensures consistent enforcement of labor laws in America. Attorney General Lopez collaborated with attorneys general from several states in submitting this brief.