Photo: National Labor Relations Board
A federal judge has ruled that President Donald Trump’s firing of Gwynne Wilcox, a member of the National Labor Relations Board (NLRB), was unlawful, marking a significant victory for labor rights advocates and reaffirming the limits of presidential power.
In a scathing decision on March 6 U.S. District Judge Beryl Howell ordered Wilcox’s immediate reinstatement, emphasizing that “the Framers made clear that no one in our system of government was meant to be king—the President included—and not just in name only.” The ruling came after Wilcox, the first Black woman ever appointed to the NLRB, sued to be returned to her position after Trump removed her in January 2025.
“The President does not have the authority to terminate members of the National Labor
Relations Board at will, and his attempt to fire plaintiff from her position on the Board was a
blatant violation of the law,” Judge Howell wrote. Wilcox, who was appointed by President Joe Biden, was dismissed despite having a term that was supposed to last until 2028. Trump replaced her on the first day of his second term, citing ideological differences.
Wilcox’s removal paralyzed the NLRB, which requires a three-member quorum to make decisions. With only two members—one Republican and one Democrat—the agency was unable to function effectively, leaving workers vulnerable to delays in collective bargaining decisions.
Trump’s firing of Wilcox was unprecedented in the history of the NLRB, as no president had ever removed a sitting member without cause. The law explicitly states that NLRB members can only be dismissed for “neglect of duty” or “malfeasance,” and only after a hearing. Wilcox’s legal team argued that her removal violated these protections and filed suit to challenge it.
The judge’s ruling was a sharp rebuke to Trump’s assertion of executive power. “A President who touts an image of himself as a ‘king’ or a ‘dictator,’ perhaps as his vision of effective leadership, fundamentally misapprehends the role under Article II of the U.S. Constitution,” Howell wrote.
In response to the ruling, Wilcox’s attorney, Deepak Gupta, called the decision a “decisive victory” that protected the integrity of the NLRB and reinforced the protections for independent agencies. “Today’s decision is a win not only for Ms. Wilcox but also for the integrity of the National Labor Relations Board and its vital mission to protect American workers,” Gupta said, according to CNBC.
Hours after the ruling, Trump appealed the decision.
Wilcox, who returned to work to cheers from her colleagues at the NLRB’s headquarters, expressed her dismay at her firing. “I was stunned and disappointed,” she said, The Huffington Post reported.. “If we can’t function … there are people waiting every day for our decision.”
