On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The latest decision comes in a long line of court decisions since Trump terminated Wilcox in January 2025. The central issue revolves around 90-year-old precedent Humphrey’s Executor v. U.S., 295 U.S. 602 (1935) limiting the President’s power to fire employees at independent agencies.
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 latest Supreme Court order is not a decision on the merits, although it is likely a sign of things to come. The order was split 6-3 along ideological lines, which likely indicates a majority of justices believe Humphrey’s Executor is no longer good law or is distinguishable as it relates to the NLRB. The Supreme Court stated it will hold off on issuing a full decision on the merits until the parties fully brief and argue the central issue. In the meantime, Wilcox remains removed from her position and the NLRB is left without a three-member statutory quorum to hear cases. The Supreme Court stated the stay “reflects our judgment that the government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty.”
We will continue to monitor future developments as the case is heard on the merits. Employers with questions about how the decision affects them should consult experienced labor counsel.