Federal Judge Rules Trump Illegally Fired NLRB Member Gwynne Wilcox
A judge's ruling reinstates Gwynne Wilcox to the NLRB, declaring President Trump's termination of her position unlawful and unconstitutional.
Wilcox, who was he first Black woman ever on the board, was also the first NLRB member ever to be fired by a president in the agency's 90-year history.
Trump appeals order reinstating fired NLRB member, judge tells him 'president is not a king'
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This case sets up a possible test of a long-standing Supreme Court precedent called Humphrey’s Executor.
Judge rules Trump's firing of NLRB member is illegal: 'American President is not a king'
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Trump does not have that power, Howell contended, writing that Trump's "interpretation of the scope of his constitutional power — or, more aptly, his aspiration — is flat wrong."
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The judge agreed with Wilcox.
'Blatantly illegal': Judge reinstates labor board member fired by Donald Trump
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It's a loss for the Trump administration, which has sought to exert control over federal agencies that have historically operated independently.
Trump firing of Labor Board Democrat was unlawful, judge rules, reinstating her
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Wilcox was confirmed by the Senate in September 2023, and set to serve until August 2028.
Court rules Trump’s firing of labor board official illegal, saying president is not a king
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Federal judge reinstates labor board member fired by President Donald Trump
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Summary
In a significant ruling, U.S. District Judge Beryl Howell ordered the reinstatement of Gwynne Wilcox, the first Black woman on the National Labor Relations Board, after ruling that President Trump acted illegally by firing her. Howell asserted that the President does not have the authority to dismiss NLRB members without cause, emphasizing the constraints on presidential power as intended by the framers of the Constitution. The ruling, which could lead to an appeal and potential Supreme Court review, addresses broader issues of executive authority and the independence of federal agencies.
Perspectives
A federal judge ruled that President Trump acted illegally by firing NLRB member Gwynne Wilcox, emphasizing that the President does not have the authority to terminate members from independent agencies without due cause.
The ruling reinforces the imperative for a balance of power between the executive and legislative branches, implying that presidential authority should not infringe upon independent agencies designed to operate outside direct control.
The judge's decision could set a pivotal precedent regarding the limits of presidential power and the independence of federal agencies, particularly the National Labor Relations Board.