Court Reinstates NLRB Member, Citing Limits on Presidential Authority

On March 6, the U.S. District Court for the District of Columbia reinstated Gwynne Wilcox as a member of the National Labor Relations Board (NLRB), ruling that Article 2 of the U.S. Constitution does not grant the president unchecked authority over federal officers. Wilcox, who was confirmed by the Senate to a second five-year term on the NLRB in September 2023, was terminated by President Donald Trump on Jan. 27. However, the district court found that the president lacks the authority to dismiss NLRB members at will, making Wilcox’s attempted removal illegal.

The decision relied on Humphrey’s Executor v. United States (1935), a landmark Supreme Court case that upheld limits on the president’s ability to remove certain federal officials. The judge in Wilcox’s case determined that Humphrey’s Executor and related precedent controlled the outcome, requiring that Wilcox be reinstated and her termination deemed unlawful and void. The administration has appealed the decision.

In related news, former U.S. Equal Employment Opportunity Commission (EEOC) Commissioners Jocelyn Samuels and Charlotte Burrows — both removed by the president— have said they are considering legal options to challenge their dismissals.