On Thursday, US Federal Judge Beryl Howell ruled to reinstate National Labor Relations Board (NLRB) Chair Gwynne Wilcox, condemning President Donald Trump’s attempt to remove her from her position as unlawful. The ruling came after Wilcox filed a lawsuit claiming her removal violated the National Labor Relations Act, which restricts removal of board members to cases of neglect of duty or malfeasance.
Wilcox’s removal, executed via a “late-night email,” would have marked the first time in history that a sitting NLRB member was dismissed since the Board’s creation in 1935. In her memorandum opinion, Judge Howell sharply criticized Trump’s actions, stating: “The President does not have the authority to terminate members of the National Labor Relations Board at will,” and underscored that such an action was a direct violation of legal precedent.
The judge’s ruling emphasized the importance of maintaining checks and balances, asserting that an American President is not above the law: “An American President is not a king — not even an ‘elected’ one.” Howell’s opinion aligns with long-standing case law, reinforcing that federal officers like Wilcox can only be removed for valid cause.
This ruling is part of a broader pattern in which courts have blocked Trump’s attempts to terminate federal officials. Just weeks prior, District Judges Amy Berman Jackson and Rudolph both reinstated federal employees, including Hampton Dellinger and Cathy A. Harris, ruling that they could only be removed for cause. The ongoing legal battle over politically motivated removals continues, with a preliminary injunction hearing set for March 11.
U.S. Supreme Court Building Picture on Wikimedia by The US Capitol CC BY SA 4 0
