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Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

By Matthew Netti, Keahn Morris, James Hays & John Bolesta on April 10, 2025
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National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. 

Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s challenge to the dismissal has ricocheted between the courts, resulting in an initial order by the U.S. District Court of the District of Columbia ordering Wilcox’s reinstatement, a three-judge panel on the D.C. Circuit Court of Appeals reversing the District Court, and the full D.C. Circuit Court of Appeals reversing course yet again and upholding the District Court’s original decision. 

On April 9, 2025, the Chief Justice of the U.S. Supreme Court, John Roberts, weighed in and issued an “administrative stay” of the full D.C. Circuit’s order in response to an emergency application filed by the Trump Administration, effectively upholding Trump’s termination of Wilcox, yet again, until the Supreme Court decides the underlying matter. 

Chief Justice Roberts has requested Wilcox respond to Trump’s emergency application to the Supreme Court by April 15. As it currently stands, Wilcox is removed from her position and the NLRB is left without a three-member statutory quorum to hear cases. 

For an in-depth summary of the facts and the constitutional issues at stake, please refer to our initial reports on the district court’s ruling here, the subsequent reversal by the U.S. Court of Appeals three-judge panel here, and the decision reached by the full U.S. Court of Appeals here.

The primary issue the Supreme Court is tasked with relates to Humphrey’s Executor v. U.S., 295 U.S. 602 (1935), a Supreme Court decision which allowed Congress to enact statutory requirements for the President to remove officers of certain types of independent agencies. 

As Wilcox’s termination now heads for Supreme Court review, we will continue to monitor future developments on our blog. Employers with questions about how the decision affects them should consult experienced labor counsel.

Photo of Matthew Netti Matthew Netti

Matthew Netti is an associate in the Labor and Employment Practice Group in the firm’s New York office.

Read more about Matthew NettiEmail
Photo of Keahn Morris Keahn Morris

Keahn Morris is a partner in the Labor and Employment Practice Group in the firm’s San Francisco office.

Read more about Keahn MorrisEmail
Photo of James Hays James Hays

James Hays is of counsel in the firm’s New York office and a leader of the Traditional Labor Law Team.

Read more about James HaysEmail
Photo of John Bolesta John Bolesta

John Bolesta is special counsel in the Labor and Employment Practice Group in the firm’s Washington, D.C. office.

Read more about John BolestaEmail
  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

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