A federal court of appeals has allowed President Trump to remove Gwynne Wilcox, a National Labor Relations Board member, while it considers Wilcox’s case. The court’s decision reverses an earlier district court order that had directed the president to return Wilcox to her job. In the short term, the court of appeals’ decision means that Wilcox will again be ousted from her seat, and the Board will again have only two active members. Undecided for now is the larger question of whether the president may remove Board members at will.
What was the case about?
Under the National Labor Relations Act, Board members can be fired only for “malfeasance” or “neglect of duty.” They must also be given notice and a hearing. But those requirements have become increasingly controversial, with some scholars and judges questioning whether they interfere with the president’s ability to manage the executive branch. Shortly after taking office, President Trump decided to challenge them. He removed several executive officials who were ostensibly protected from removal by statute. Among those officials was Member Wilcox.
Member Wilcox challenged her removal in court. In early March, a federal district court ruled in her favor and ordered the administration to let her go back to work. The administration then appealed to the D.C. Circuit Court of Appeals. In the immediate term, the administration asked the court to stay the district court’s order while the appeal was pending.
What did the court...
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