Gwynne Wilcox, a former member of the National Labor Relations Board (NLRB) fired by President Donald Trump last month, filed a lawsuit Wednesday challenging her dismissal and seeking reinstatement to the board.
The case, first reported by Bloomberg, which could ultimately reach the Supreme Court, has far-reaching implications for the independence of federal agencies, including the Federal Reserve, the Securities and Exchange Commission (SEC), and others.
Wilcox, the first Black woman to serve on the NLRB, was confirmed by the Senate in 2021 for a five-year term set to expire in August 2028. She was abruptly removed from her position last month in what her lawsuit describes as an “unprecedented and illegal” act. The suit, filed in the U.S. District Court for the District of Columbia, names Trump and NLRB Chair Marvin Kaplan as defendants.
At the heart of the case is a provision of the National Labor Relations Act, which states that NLRB members can only be removed for “neglect of duty or malfeasance in office.” Wilcox’s lawsuit argues that her firing violated this statutory protection, as the administration’s termination email acknowledged she was not dismissed for cause. Instead, the email claimed that the limitation on presidential removal authority was “inconsistent with the vesting of the executive Power in the President.”
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Wilcox’s legal challenge could serve as a test case for the limits of presidential authority over independent agencies. If the case reaches the Supreme Court, it may prompt the justices to reconsider a 90-year-old precedent established in Humphrey’s Executor v. United States (1935), which upheld the independence of federal agencies by protecting their leaders from arbitrary removal by the president.
The lawsuit comes amid a broader debate over the autonomy of federal agencies. Trump has argued that a 2020 Supreme Court decision, Seila Law LLC v. Consumer Financial Protection Bureau, which struck down the CFPB director’s firing protections, justifies his removal of Wilcox. However, legal experts contend that Wilcox’s firing is clearly illegal under current law unless the Supreme Court overturns Humphrey’s Executor.
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Wilcox’s firing, along with the removal of NLRB General Counsel Jennifer Abruzzo and other officials at the Equal Employment Opportunity Commission (EEOC), has left both agencies without the quorums needed to enforce labor and anti-discrimination laws. This has effectively stalled critical actions to protect workers’ rights and address workplace disputes.
Wilcox’s lawsuit seeks not only her reinstatement but also a reaffirmation of the statutory protections that shield federal agencies from political interference. Her legal team, led by Gupta Wessler LP, a firm known for its victories in high-stakes Supreme Court cases, is confident in their case.
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